Tenant Guide: Roof Works & Special Levies Germany

As a tenant in Germany, you often face complex decisions with roof works or special levies: who pays, what rights do you have, and how do you reclaim costs? This guide explains in practical terms which common mistakes landlords and tenants should avoid, how special levies are legally classified and when follow-up claims using a sample letter make sense. Step by step we show which documents are necessary, which deadlines apply and which official forms or courts are responsible. The goal is to enable you to review claims correctly, document errors and enforce your rights without unnecessary costs. We list concrete sample forms, point to local courts and BGH case law and provide practical steps for effective objections.

Roof works and special levies: tenants' rights

Landlords can demand special levies for modernizations or repairs; but not all costs are automatically chargeable to tenants. The landlord's basic duties and possible rent reduction rights are regulated in §§ 535–536 of the German Civil Code (BGB).^[1] For the accounting of running costs, the Operating Costs Ordinance (BetrKV) applies and determines which items are chargeable.^[2] If you are unsure whether a levy is lawful, the local court (Amtsgericht) is competent; rental disputes are initially heard there.^[3]

Typical mistakes and how to avoid them

• Not collecting evidence or failing to check invoices.
• Failing to initiate a written objection or claim procedure.
• Missing deadlines for review and response.
• Carrying out repairs without agreement and later trying to reclaim costs.

What to include in a follow-up claim letter

An effective sample letter states the claim factually, attaches evidence, sets a reasonable deadline for repayment or correction and refers to the legal basis. Wording should be precise: amount, invoice date, concrete objections (e.g. non-chargeable item) and the requested reaction within a deadline of e.g. 14 days.

Evidence and proof

Without documentation, objections often remain ineffective. Prepare the following documents:

• Invoices and proof of payment.
• Photos of the damage or work in progress.
• Correspondence with the landlord (emails, letters).

What to do if the landlord does not respond?

First, send a written follow-up with a deadline. If there is no response, consider legal steps: advice from consumer advice centers, tenant associations or possibly filing a lawsuit at the local court. Information about the competent court is available via the judiciary portal.

Sample wording examples

Example: "Dear landlord, I hereby object to the operating cost statement dated [date]. Please send me the complete invoices and contracts for review within 14 days." Add amount and evidence and send the letter by registered mail or verifiable email.

FAQ

Who pays for new roof tiles?

As a rule, the landlord bears the costs of maintenance; exceptions arise from contractual allocation or modernization that increases value; check the accounting and request evidence.^[1]

Can I object to a special levy?

Yes, you can object in writing, request proof and, if necessary within set deadlines, seek clarification at the local court.

Are there official templates for objections?

Yes, template letters are available from official authorities and include the legally required minimum information; use them as a basis and add your evidence.

How-To

1. Collect all relevant receipts and photos.
2. Draft a follow-up letter with a deadline and attach evidence.
3. Send the letter with proof of delivery and note dates and receipt.
4. If necessary, consider filing a claim at the competent local court or seek legal advice.

Help & Support

• [1] BGB §§535–536 — Gesetze im Internet
• [2] Operating Costs Ordinance (BetrKV) — Gesetze im Internet
• [3] Information on courts — Justiz

1. [1] BGB §§535–536 — Gesetze im Internet
2. [2] Operating Costs Ordinance (BetrKV) — Gesetze im Internet
3. [3] Information on courts — Justiz