Tenant Guide: Caretaker Costs in Germany
As a tenant in Germany, caretaker and maintenance costs can increase utility bills and cause uncertainty. This guide explains clearly which services are typically chargeable, how to check receipts and statements, and what formal steps are possible if costs are unclear or too high. You will receive a practical checklist for documenting defects and repairs, notes on deadlines and administrative steps, and concrete examples of how to object in writing or assert claims at the local court. The information points to key legal foundations and official forms so you can assert your rights in Germany confidently and with legal certainty.
What applies to caretaker and maintenance costs?
Caretaker services can be part of operating costs if agreed in the lease or governed by the Operating Costs Ordinance. First check the lease and the operating cost statement for exact item names. Under the Civil Code (BGB) the landlord is obliged to maintain the rented property and to make statements transparent[1].
Typical items
- Repairs and maintenance of the building (minor repairs by the caretaker).
- Care of common areas (snow clearing, gardening, stairwell cleaning).
- Material costs for minor maintenance, if documented.
- Statements must include receipts and calculation; flat-rate surcharges without proof are problematic.
If items are unclear, request the original receipts from the landlord within a reasonable time. Note questions in writing and set a deadline for submitting documents.
Practical checklist: how to check utility charges
- Collect the latest operating cost statement, the lease, and previous statements.
- Compare item names with the lease and the Operating Costs Ordinance.
- Request missing invoices and time records for caretaker work in writing.
- Set a deadline of typically 14 to 30 days for submitting receipts.
- Check whether billing periods are correct and advance payments are accounted for.
Document defects and repairs with date and photos. If you dispute a statement, draft a written objection and send it by registered mail or email with read receipt.
Forms and when to use them
Many steps have official forms or standard letters. Examples and use cases:
- Termination letter (sample): used when you want to end the tenancy with proper notice; state date, address and reason clearly.
- Complaint form/civil claim at the local court: if an agreement cannot be reached and you need to enforce repayment or disclosure in court.
- Payment order (dunning application): landlords may use this for unpaid claims; as a tenant you can respond with an objection or payment.
Practical example: You receive an operating cost statement with an unclear item "caretaker flat rate". Send an objection requesting invoices and set a 14-day deadline. If the landlord does not reply, you can apply to the local court for disclosure or repayment[3].
FAQ
- Who pays for a caretaker?
- If included in the lease or the operating cost agreement, the landlord can pass on the costs to tenants; however, the statement must be transparent.
- Can tenants challenge the statement?
- Yes, tenants can request inspection of receipts within a reasonable time and formally dispute the statement in writing.
- What deadlines apply for objections?
- There is no single statutory deadline for all cases; in an objection set a concrete deadline for document submission (e.g. 14–30 days) and respond immediately to court letters.
How-To
- Review the lease and operating cost statement in full.
- Request missing receipts in writing and set a deadline.
- Keep written documentation of defects, photos and dates.
- If no agreement is reached, consider filing a claim at the local court or seek advice.
Key Takeaways
- Receipts are decisive: without proof a careful review is difficult.
- Set deadlines in writing and keep records of communications.
- The local court (Amtsgericht) is competent for tenancy disputes.
Help and Support / Resources
- [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
- [2] Operating Costs Ordinance (BetrKV) — gesetze-im-internet.de
- [3] Federal Court of Justice (BGH) decisions — bundesgerichtshof.de
