Tenants: Choose Allocation Keys Safely in Germany
Important documents and deadlines
Before reacting, gather the key documents: lease, recent service-charge statements, payment receipts and, if applicable, photos of meters or damage. Request inspection of the records and note all deadlines.
- Lease / service-charge agreement (form) – review clauses on allocation and billing periods.
- Rent and payment receipts (rent) – collect receipts, transfer records and bank statements.
- Previous statements and meter readings (evidence) – compare consumption figures and allocation keys.
- Heating cost statement and reading protocols (heating) – check distribution keys and reading dates.
Deadlines and response times
Typical deadlines concern objections to the service-charge statement and complaint periods for incorrect allocation keys. Respond within the deadline stated in the statement or, if none is given, promptly after receipt. Note the date of receipt in writing and send important letters by registered mail.
- Time to review statement (calendar) – check the statement within 6–12 weeks after receipt.
- Deadline for objection (form) – submit a written, reasoned objection to wrongly allocated costs.
- Court filing deadline (court) – if no agreement is reached, the local court decides.
Forms and templates
There is no nationwide uniform "operating-cost form", but typical templates are: a formal objection, a request for document inspection and a letter to reduce the allocation key. Use a simple written registered letter with date, facts and clear demand.
- Template objection (form) – date, billing year, concrete complaints and request for document inspection.
- Inspection record (evidence) – note which documents you saw and make copies.
- Contact the landlord (call) – request inspection appointments in writing.
What to do if the statement is wrong?
First check whether the allocation key matches the lease. If there are errors, ask for correction or an understandable explanation. For disputed amounts, you can present the statement to a tenants' association or legal advice and, if necessary, consider filing a lawsuit at the local court.
FAQ
- I see an incorrect allocation key in the statement. What now?
- Request documents and calculation bases in writing and file an objection within a short time; document all contacts.
- Which laws govern allocation keys and statements?
- Key regulations are in the BGB and the Operating Costs Ordinance; heating has specific provisions for consumption distribution[2].
- Where do I resolve a dispute if landlord and tenant cannot agree?
- The first instance for rental disputes is usually the local court; higher instances are the regional court and possibly the Federal Court of Justice[3].
How-To
- Collect all relevant documents (lease, statements, payment receipts, meter readings).
- Request the records from the landlord in writing (registered mail) and set a deadline.
- Submit a written, reasoned objection if there are errors and request correction.
- If no agreement is possible, consider filing a claim at the competent local court.
Key takeaways
- Keep and secure payment receipts and statements continuously.
- Respond promptly to statements and set deadlines in writing.
Help and Support / Resources
- Gesetze im Internet (legal texts)
- Federal Court of Justice (case law)
- Federal Ministry of Justice (information & forms)
