Tenants: Hire an Operating-Cost Audit in Germany

As a tenant in a large city in Germany it is important to review the operating-cost statement carefully. Many service charge items require explanation; errors or unclear allocations can lead to excessive additional claims. This guide explains step by step when an independent operating-cost audit makes sense which receipts you should request which deadlines apply and how to formally file an objection or commission an audit. The language is deliberately simple so you can assess your rights under tenancy law and decide whether costs are recoverable. At the end you will find a practical how-to frequently asked questions (FAQ) and official court and legal sources in Germany.

What is an operating-cost audit?

An operating-cost audit checks whether the service charges billed by the landlord (eg caretaker rubbish water heating) are distributed and documented correctly. As a tenant you can request access to the receipts and have the statement audited. The legal basis can be found in the BGB and the Operating Costs Ordinance^[1][2].

When is an audit worthwhile?

An audit is worthwhile if the statement is confusing individual items appear unusually high or the landlord issues additional charges. Common errors are incorrect allocation keys non-recoverable costs or missing receipts.

Typical signs of errors

• Receipts are missing or incomplete.
• Sudden significant increases in individual items without explanation.
• Invoices for repairs that are not eligible for allocation.

What steps should tenants take?

Practical sequence: request receipts check deadlines evaluate receipts possibly commission an auditor or file an objection. For court proceedings the local court (Amtsgericht) is responsible; procedural rules are in the ZPO^[3].

1. Note deadlines: check when the landlord must present the statement and when objections are possible.
2. Request receipts: ask the landlord in writing for copies of all receipts and document the request.
3. Initial assessment: clarify whether a private audit or consumer advice is sensible and agree costs in advance.
4. Commission an audit: if doubts remain hire an expert operating-cost auditor.
5. File an objection: if you have justified concerns submit a written objection with reasons within the deadline.
6. Legal steps: if necessary a claim can follow at the local court; inform yourself about procedures and costs.

FAQ

Can I as a tenant request an operating-cost audit?

Yes. You have the right to request access to receipts and to have the statement audited; if there are justified doubts you can file an objection.

Who pays for an audit?

Initially the tenant usually bears the costs of a private audit; in some cases costs may be reimbursed if landlord errors are proven or a court decides otherwise.

How long must I keep receipts?

Keep your own receipts (eg heating bills rent payments) for at least three years; consult legal provisions for specific deadlines.

How-To

1. Check deadlines: note the date of the statement and statutory or contractual deadlines.
2. Request receipts: send a written request to the landlord and note the receipt date.
3. Initial assessment: compare items check allocation keys and suspicious totals.
4. Hire an expert: obtain a professional review if uncertainties remain.
5. Formulate an objection: summarise your concerns cite specific items and reasons and send the letter with proof of delivery.
6. Legal action: consider filing a claim at the competent local court if necessary.

Help and Support / Resources

• BGB §§535–580a (Gesetze im Internet)
• Operating Costs Ordinance (BetrKV)
• Federal Court of Justice (BGH) – tenancy decisions

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Gesetze im Internet – Zivilprozessordnung (ZPO)
4. [4] Bundesgerichtshof – BGH