Tenant Rights: Janitor and Maintenance Costs Germany

As a tenant in Germany you often face uncertainty over janitor and maintenance charges: which items may the landlord charge? When must you pay, and how long is the period to check the utility statement? This practical guide explains common mistakes using concrete cases, names relevant laws such as the BGB and the BetrKV^[1][2], and shows how to meet deadlines, review receipts and spot formal errors. You will receive concrete action steps — including which authorities and courts are responsible and how to prove claims. At the end you will find an FAQ, practical template texts and advice on when a suit before the local court is advisable.^[3]

Common Mistakes

Many tenants assume that all costs labeled "janitor" by the landlord are automatically allocable. That is incorrect: only operating costs under the BetrKV are allocable, and repairs or modernizations cannot simply be billed as ongoing utility costs.

• Incorrect allocation of costs to tenants, for example operating costs instead of maintenance.
• Repair costs that are actually the landlord's responsibility are passed on as maintenance charges.
• Missing receipts in the utility statement: invoices or contracts are absent.
• Missed review deadlines: tenants check statements too late or do not raise objections in time.

Deadlines and Duty to Check

After receiving the utility statement, tenants have limited time to review it and raise objections. Respond within the review period, document anomalies and demand to see the receipts. If you want to object formally, a simple written letter with reasons and a deadline is often sufficient.

What to check specifically?

• Compare previous years and check plausibility of positions.
• Request original receipts and invoices from the landlord.
• Verify whether costs are permitted under the Betriebskostenverordnung.

If the landlord refuses to allow inspection of receipts or does not explain unclear items, demand inspection in writing and set a deadline. Note dates and content of all contacts.

Concrete Actions in a Dispute

If the conflict cannot be resolved amicably, record all documents, make a list of disputed items and assess whether a rent reduction or reclaim is appropriate. Often an informal objection with deadline suffices; only if the landlord does not respond should you escalate.

• Write an objection, specify disputed items and set a deadline such as 14 days.
• Collect evidence: photos, invoices, proof of payment and correspondence.
• If necessary, consider a lawsuit at the competent local court or seek legal advice.

FAQ

Which costs may the landlord pass on?

The landlord may only pass on costs that are listed as operating costs in the BetrKV or contractually agreed. Repairs and maintenance are generally not allocable operating costs.^[2]

How long do I have to check the utility statement?

Check the statement immediately upon receipt. Statutory deadlines vary, but respond within a few weeks and file objections early to avoid losing claims.^[1]

When is a lawsuit at the local court appropriate?

If the landlord fails to provide information despite written requests or issues unjustified additional charges, a lawsuit at the local court may be appropriate. Assess the evidence and costs first.

How-To

1. Check the statement immediately: note the date and determine deadlines.
2. Request receipts: ask for original invoices in writing.
3. Write an objection: specify disputed items and set a deadline.
4. Legal step: if no response, consider court action or a payment order at the local court.

Help and Support / Resources

• Gesetze im Internet – BGB
• Gesetze im Internet – Betriebskostenverordnung (BetrKV)
• Justizportal – Information on Courts

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Justizportal – Informationen zu Amtsgerichten und Zuständigkeiten