Tenant Rights: Service Charge Allocation in Germany

As a tenant in Germany, it can be confusing when the landlord applies allocations for social housing. This text explains clearly when allocations are legally justified, which documents you can request as a tenant and how deadlines for objections and reviews work. I describe relevant laws such as the BGB and the Betriebskostenverordnung as well as typical receipts in a service charge statement. I also show which official forms and which courts are responsible if a dispute arises. The aim is to give you clear steps on how to check receipts, formulate an objection and, if necessary, involve the local court so that your rights as a tenant remain protected. Read on for practical template texts, deadlines and official links so you can act quickly.

What regulates the allocation calculation?

The allocation calculation determines which operating costs may be passed on to tenants. Fundamental regulations can be found in the BGB^[1] and in the Betriebskostenverordnung^[2], which prescribes which types of costs are permissible and how accounting is done.

What tenants should pay attention to

• Check all receipts in the service charge statement.
• Compare the calculated costs with the lease and funding conditions.
• Observe deadlines: an objection should be made as early as possible.
• Request missing evidence in writing and record responses.
• Document phone calls and appointments as evidence.

Forms and official channels

Important forms include, among others, the application for a Wohnberechtigungsschein (WBS) under the Wohnraumförderungsgesetz and court pleadings at the local court^[3][4]. The WBS proves your entitlement to subsidized housing; apply for it at your municipality (example: application with personal data and income evidence). If a dispute goes to court, you need a complaint at the local court; many courts provide form guidance online. A practical example: request the detailed service charge receipts in writing and set a two-week deadline for submission before agreeing to further steps.

Frequently Asked Questions

Can the landlord calculate allocations without receipts?

No. Landlords must substantiate operating costs and their distribution and grant access to records upon request.

How much time do I have to file an objection?

There is no uniform deadline; in general, you should react promptly; check the contract and the statement.

Which court is responsible for rental disputes?

The local court is usually responsible in the first instance; higher instances include the regional court and the Federal Court of Justice.

How-To

1. Check all receipts and note discrepancies.
2. Draft a written objection and send it by registered mail.
3. Collect photos, emails and payment receipts as evidence.
4. Contact the local court if an agreement cannot be reached.

Key Takeaways

• Landlords must substantiate allocations; tenants have the right to inspection.
• Act quickly: deadlines and documentation matter.
• The local court is the first instance for tenancy disputes.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §535 ff.
• Betriebskostenverordnung (BetrKV)
• Information on courts (Justiz)

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1. [1] Bürgerliches Gesetzbuch (BGB) §535–580a
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Wohnraumförderungsgesetz (WoFG) and WBS
4. [4] Justice: competent courts and procedures