Tenants Check Building & Maintenance Costs in Germany

As a tenant in Germany, you often face questions about janitor and maintenance charges in the service charge statement. This guide clearly explains when you can dispute charges, which documents and evidence help, and which deadlines apply. I show practical steps for checking the statement, tips for communicating with the landlord, and when a proceeding at the local court may be appropriate. For each step there is a short checklist so that, as a tenant, you can systematically protect your rights. At the end you will find notes on official forms and links to courts as well as a sample objection.

What are janitor and maintenance costs?

Janitor and maintenance costs are part of allocable service charges if agreed in the rental contract. Under tenancy law, the landlord must itemize the costs transparently and prove what the money was spent on.^[1]

When should tenants object?

• Check deadlines (deadline): Is the billing period correct and were all objections raised in time?
• Request documents (document): Ask for invoices, duty rosters and caretaker contracts.
• Reconcile costs (payment): Do the amounts match the documents and the rental agreement?

Checklist for review

• Check billing period (deadline): Do the dates and period of the statement match?
• Collect documents (document): Secure copies of invoices, duty lists and contracts.
• Recalculate amounts (payment): Verify totals, allocation keys and pro rata costs.
• Draft written objection (form): State date, specific items and desired correction.

How to proceed formally and relevant forms

If the landlord does not respond or the numbers are incorrect, tenants should first file a written objection and set a deadline. If the landlord still does not respond, court proceedings before the competent local court may be appropriate.^[2]

Relevant legal basis is regulated in the Operating Costs Ordinance (BetrKV); check which costs may be allocated.^[3]

Forms: The complaint form for a civil action is available at your local district court; a written power of attorney is required if you are represented. Use a clear, dated objection template with precise item details.

FAQ

Can I dispute all janitor costs?

You can dispute costs that are not verifiable or not agreed; check documents and the contract.

How long do I have to object?

Generally you should respond within 12 months after receiving the statement; however, check deadlines in the rental contract.

Where do I turn in case of a dispute?

If unresolved, the local district court is the first instance; higher instances are the regional court and the Federal Court of Justice.

How-To

1. Observe deadlines (deadline): Set a clear deadline for the landlord to respond.
2. Request documents (document): Ask for all detailed invoices in writing.
3. Send a written objection (form): Clearly state date, amount and reason.
4. File a court complaint (court): File a claim at the district court if necessary.

Help and Support / Resources

• [1] German Civil Code (BGB) – Gesetze im Internet
• [2] Operating Costs Ordinance (BetrKV) – Gesetze im Internet
• [3] Court information – Judicial Portal

1. [1] German Civil Code (BGB) § 535
2. [2] District court jurisdiction and procedural information
3. [3] Operating Costs Ordinance (BetrKV)