Roof Work & Special Levies for Tenants in Germany

As a tenant in Germany, you often face many questions when roof work and suddenly imposed special levies occur: who pays which costs, when can refunds be requested, and how can burdens be reduced? This article clearly explains tenants' rights when settling roof work costs, which legal bases apply, and which deadlines matter. You will learn how to check statements, collect evidence, file formal objections and when legal action before the local court may be sensible. Practical examples, relevant forms and notes on §§ 535 ff. BGB^[1] and the Operating Costs Ordinance^[2] help you assert claims or avoid unnecessary payments. At the end you will find a step-by-step guide and links to official forms and courts.

What are special levies for roof work?

Special levies are one-off demands by the landlord when major work such as roof renovation occurs and is not fully covered by ongoing operating costs. It is crucial whether the costs can be passed on to tenants or whether the landlord must bear them as maintenance. The distinction is based, among other things, on the provisions of the BGB and the Operating Costs Ordinance^[1][2].

• Check the statement for individual items and payments (payment).
• Collect receipts, photos and invoices as evidence (evidence).
• Submit a timely objection or use a form with the landlord (form).
• Observe deadlines: meet objection and payment deadlines (deadline).
• In case of dispute, consider legal action before the local court (court).^[3]
• Contact advisory services or tenant mediation early on (contact).

Which forms and templates do I need?

For objections and formal declarations, tenants should preferably use official or widely used template forms. One example is the termination letter template of the BMJ, which can serve as a template for formal declarations^[5]. For court proceedings, the Civil Procedure Code (ZPO)^[3] is relevant; for precedent cases it is worth checking BGH decisions^[4], which can clarify how courts assess special levies.

When is a rent reduction or lawsuit worthwhile?

A rent reduction is possible if the habitability of the apartment is impaired by the works. Whether a rent reduction or lawsuit is sensible depends on the extent of the impairment, the duration and the evidence. Check the legal situation in advance, document everything and seek professional advice or tenant mediation.

FAQ

Who pays the costs for roof work?

Whether costs can be passed on to tenants depends on the type of work: maintenance costs are usually borne by the landlord; modernization measures can be partially transferable. Check the statement carefully.

Can I reject special levies entirely?

You can dispute the demand and file an objection; success depends on evidence, contract clauses and legal regulations.

Which courts are competent for rental disputes?

In the first instance, the local court is usually competent; higher instances are the district court and possibly the Federal Court of Justice as a revision instance.^[3][4]

How-To

1. Check the statement in detail and mark unclear items and payments (payment).
2. Gather all receipts, photos and communication with the landlord as evidence (evidence).
3. File a written objection or use an official form (form).^[5]
4. Note all deadlines and respond within the set timeframes (deadline).
5. If no agreement is possible, prepare a lawsuit and file it at the local court (court).^[3]

Key Takeaways

• Documentation is crucial: photos, invoices and correspondence protect your rights (tip).
• Check whether costs can legally be passed on to tenants or must be borne by the landlord (tip).
• Seek timely advice and use official forms when possible (tip).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Operating Costs Ordinance (BetrKV) – gesetze-im-internet.de
• Information on courts in Germany – justiz.de

1. [1] German Civil Code (BGB) — gesetze-im-internet.de
2. [2] Operating Costs Ordinance (BetrKV) — gesetze-im-internet.de
3. [3] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
4. [4] Federal Court of Justice (BGH) – bundesgerichtshof.de
5. [5] Forms and templates of the Federal Ministry of Justice (BMJ) — bmj.de