Tenant Guide: Janitor & Maintenance Costs in Germany
As a tenant in Germany, you should carefully check utility statements for janitor and maintenance charges. If items are unclear, double-billed, or not properly documented, you have rights: you can request receipts, formally object, and, if necessary, bring the matter before the local court. This text explains which documents matter, what deadlines apply, which official laws and regulations to consider, and which practical steps you can take. The goal is for tenants to review their statements, object correctly and, if needed, understand the path to court without assuming legal expertise.
What to do about incorrect janitor and maintenance charges?
First check the statement for plausibility: Are the amounts explained in the lease or previous statements, is there a clear allocation key, and are payment receipts available? Request missing receipts in writing and note deadlines. If you object within the billing period or after receiving the statement, formulate the objection clearly and understandably.
Immediate actions
- Deadline (deadline): File an objection within the legally relevant time limits and document it.
- Written (form): Send the objection by letter or email with date and concrete reasons.
- Documents (document): Collect invoices, contracts, payment receipts and area statements.
- Contact (call): Ask landlord or property manager to explain open points and confirm deadlines.
If an agreement cannot be reached, consider a rent reduction or initiating court proceedings at the local court.
Forms and legal basis
Relevant legal bases are the German Civil Code (BGB) for tenancy law and the Operating Costs Ordinance (BetrKV) and the Heating Costs Ordinance (HeizKV)[1][2][3]. For court proceedings, use civil procedure forms at the competent local court and, if applicable, the payment order procedure.[4]
FAQ
- How long do I have to object to a utility statement?
- Objections should be made promptly after receipt; typical deadlines are governed by the BGB and may vary, so respond in writing immediately.
- Which receipts can I request from the landlord?
- You can request viewing of invoices, contracts, maintenance logs and billing records.
- Which court do I go to in case of dispute?
- For tenancy disputes, the local court (Amtsgericht) is usually the first instance.
How-To
- Gather documents (document): Organize and copy all invoices, janitor contracts and payment receipts.
- Write objection (form): Draft a clear objection, include date, claim and reasons, send by registered mail or email.
- Check deadlines (deadline): Wait for landlord confirmation and note deadlines for next steps.
- Court action (court): If necessary, file a claim at the local court or use the payment order procedure.
Important notes on costs and receipts
Landlords must present operating costs transparently. General flat rates must be agreed in the lease; specific maintenance or janitor charges must be itemized. Check whether contractor invoices actually concern communal costs or private services.
Help and Support / Resources
- BGB: German Civil Code
- BetrKV: Operating Costs Ordinance
- HeizKV: Heating Costs Ordinance
- Justice Portal: Information on Courts