Tenant Rights: Caretaker Fees in Germany

As a tenant in Germany, caretaker fees are a common part of the utility bill, but not all items are automatically valid. This article clearly explains when landlords may charge caretaker services, which legal bases in tenancy law and the Operating Costs Regulation apply, how to check the statement and which receipts you should request. You will receive a practical checklist to reduce unjustified costs, templates for sample letters and notes on deadlines as well as on proceedings before the local court. The aim is to give you concrete steps to assert your rights as a tenant and reduce unnecessary payments.

What applies to caretaker fees?

As a tenant, you are primarily concerned with which items can be passed on as operating costs. Relevant legal bases are tenancy law in the BGB^[1] and the Operating Costs Regulation (BetrKV)^[2], which determine which costs are allocable. In principle, landlords may only charge agreed and actually provided services; flat rates are only possible if the lease provides for them.

Typical items and what you should check

• Cleaning of communal areas
• Garden and grounds maintenance
• Winter services and clearing/gritting costs
• Key management and building checks
• Administrative effort, insofar as contractually agreed

How to check the statement

Proceed systematically: request receipts, compare items with previous years and check whether services were actually rendered. Pay attention to lump sums and the contractual basis. If documents are missing, request them in writing and set a reasonable deadline for submission.

1. Request a detailed breakdown and the original invoices
2. Check whether items have been billed twice or as lump sums
3. Compare the costs with previous statements
4. Set a deadline for submitting missing receipts

Checklist to reduce caretaker fees

• Organise receipts and make copies
• Write a formal objection letter (see template)
• Take photos and record dates of defects
• If necessary, file a lawsuit at the local court^[3]

FAQ

Who pays caretaker fees?

Usually the tenant, if the costs are explicitly agreed in the lease as operating costs.

Can I challenge caretaker fees as a lump sum?

You can challenge individual items if receipts are missing or services were not provided.

What deadlines apply for objections?

You should check and respond within 12 months of receiving the statement; exact deadlines may vary regionally.

How-To

1. Review the statement and note unclear items
2. Request missing invoices in writing
3. Write an objection letter and send it by registered mail
4. If necessary, file a lawsuit at the local court or seek legal advice

Help and Support

• German Civil Code (BGB)
• Operating Costs Regulation (BetrKV)
• Federal Court of Justice (BGH) decisions

1. [1] German Civil Code (BGB), §§ 535–580a
2. [2] Operating Costs Regulation (BetrKV)
3. [3] Local courts: jurisdiction and procedures