Tenant Guide: Understanding Cost Apportionment in Germany
Many tenants in Germany face questions when landlords pass on modernization costs or service charges. This guide clearly explains how cost apportionment works, which costs are permissible in social housing, and how families should document receipts and invoices. We explain relevant sections of the BGB, typical announcement and settlement deadlines, and practical steps to prepare for discussions with the landlord or court proceedings. At the end you will find an FAQ, a step-by-step guide for collecting evidence and notes on official forms. The text is aimed at tenants without legal expertise and names authorities and laws in Germany that can support you in disputes. Practical examples and template texts show how to draft letters to the landlord.
How does cost apportionment work for modernization?
For modernization, parts of the costs can be passed on to tenants if the measures increase the residential value or achieve savings. The legal basis is found in the BGB and special regulations; exact percentages and deadlines depend on the individual case.[1]
Which costs may be apportioned in social housing?
Subsidized social housing often has additional rules (e.g., the WoFG) that can restrict apportionments. Check the funding conditions of your housing and consult the responsible housing office.
Typical apportionable items
- Collect receipts and invoices (record)
- Work on heating, roof, or windows as modernization (repair)
- Cost allocation in the service charge statement (rent)
- Check announcements and forms (notice)
Important: Not all modernization costs are automatically allowable. Some expenses are maintenance and not chargeable to tenants.
How do I document costs correctly?
Good documentation increases your options. Collect invoices, before-and-after photos, and every written communication with the landlord. Create a clear log with date, amount and purpose of each invoice.
- Collect invoices and receipts (record)
- Note dates and deadlines (calendar)
- Archive correspondence (notice)
- Contact the housing office or an official advisory service (call)
Forms and official templates for tenants
There is no single "sample settlement" for every case, but official legal texts and templates for termination or objection exist. If you need to respond formally, use official templates and refer specifically to deadlines and statutes.[1]
When to use which forms
- Termination letter (sample) for special cases such as extraordinary termination (notice)
- Objection or statement regarding the modernization announcement (notice)
- Evidence folder for service charge statement and modernization invoices (record)
When it comes to formal deadlines and court procedures, the local court (Amtsgericht) is responsible; higher appeals and precedent decisions may come from the Landgericht and the Federal Court of Justice (BGH).[4]
FAQ
- How do I check whether a modernization is apportionable?
- Check the announcement for purpose, scope and expected cost savings and compare it with the rules of the BGB and applicable regulations.[1]
- Can the landlord pass all modernization costs on to me?
- No. Only certain costs are apportionable; many costs are maintenance and remain with the landlord. Social housing may have additional restrictions.
- What deadlines must I observe?
- Responses to announcements and objections should be made in writing and within the stated deadlines; record deadlines in your log and act promptly.
How-To
- Collect all invoices and photos related to the modernization (record)
- Note announcement and settlement deadlines (calendar)
- Draft a short letter with an objection or questions to the landlord (notice)
- Contact the responsible housing office or an official advisory service (call)
- If necessary, prepare documents for the local court (court)
Help and Support / Resources
- BGB: Civil Code (Gesetze im Internet)
- BetrKV: Operating Costs Regulation (Gesetze im Internet)
- Federal Court of Justice (BGH)
