Roof Work & Special Assessments: Tenants in Germany

Many tenants in Germany are unsure whether and when landlords may demand additional payments for roof work or other special assessments. In this article I clearly explain the difference between chargeable operating costs and one-off special assessments, which legal bases apply and which deadlines and proof obligations landlords must observe. You will learn practical steps: how to check a statement, which documents you can use to object and when a lawsuit before the local court may be considered. I also name important deadlines and useful forms as well as authorities where you can find support.

When may landlords demand additional payments?

Landlords can demand additional payments under certain conditions, for example if a statement was incorrect or costs only arose later and may be allocated under the contract. The legal foundations for tenancy law and statements are contained in the provisions of the BGB, in particular regarding the landlord's duties and the obligation to provide statements, as well as in special regulations on operating cost statements.^[1] It is crucial whether the costs are considered recurring operating costs or a one-off special assessment. For one-off modernization measures or extensive roof work, the landlord may under certain conditions demand proportional costs.

Roof work vs. operating costs: What is allocable?

Roof repairs that serve maintenance are generally not automatically allocable; larger modernizations, however, can sometimes be passed on. The Operating Costs Regulation (BetrKV) lists allocable cost types; anything not listed there cannot simply be shifted to tenants.^[2] Whether a measure is allocable also depends on the lease and the type of work (maintenance costs vs. modernization).

What tenants can do

• Deadline: Check deadlines and respond within the stated period, usually 30 days after receiving the statement.
• Payments: Do not prematurely pay large claims without a detailed breakdown and evidence.
• Document: Collect receipts, photos and correspondence to support your objection.
• Court: Consider legal action if the landlord refuses to provide proof or does not respond.
• Contact: First seek dialogue with the landlord or advice from official bodies.

Forms, deadlines and examples

For different steps there are standardized procedures: in disputes over payments you can object in writing and request the landlord to review; if necessary, proceed with a payment order or a lawsuit at the competent local court.^[3] A practical example: You receive a claim for roof work of EUR 1,200. Request a detailed cost breakdown and copies of invoices, set a 14-day deadline and only pay the acknowledged portion. If the landlord does not respond, you can file a lawsuit at the local court or initiate a payment order.

FAQ

When are roof works allocable?

Roof works are allocable only if they are clearly agreed as allocable cost types in the lease or under the BetrKV; maintenance expenses are usually not allocable.

How long does the landlord have to make claims?

The landlord must usually provide the statement within one year after the end of the accounting period; exact deadlines can be contractually or legally regulated.

Which documents can I request?

Request invoices, quotes, payment receipts and correspondence with craftsmen or companies to review the claim.

How-To

1. Deadline: Check the statement immediately and note the deadlines.
2. Document: Request a complete cost breakdown and copies of all invoices.
3. Warning: Object in writing and with reasons if information is missing or costs are unclear.
4. Contact: Seek advice from official bodies or the local court.
5. Court: File a lawsuit or use the payment order if necessary.

Key Takeaways

• Document: Collect evidence before making payments.
• Deadline: Observe deadlines carefully.
• Contact: Obtain official advice early.

Help & Support / Resources

• Information on local courts and procedures
• Laws: BGB, BetrKV and other legal sources
• Federal Ministry of Justice: forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) - gesetze-im-internet.de
3. [3] Information on local courts - justiz.de