Tenants in Germany: Allocation Keys & Back Payments
Many tenants in Germany regularly receive utility cost statements with allocation keys that determine how costs are distributed. Especially in big cities, subsequent charges can come as a surprise and cause financial strain. As a tenant, you should understand which allocation key was used, whether it is stated in the lease and whether the statement is formally correct. This article clearly explains the pros and cons of different allocation keys, how to check back payments, which deadlines and receipts matter, and which official steps are possible — from filing an objection to bringing a lawsuit at the local court[3]. The guidance is practical and takes into account common rules of the BGB[1] and the Operating Costs Regulation[2]. At the end you will find FAQs, a step-by-step guide and links to official authorities.
What is an allocation key?
An allocation key determines how landlords distribute ongoing operating costs among tenants. Common variants are distribution by living area, number of persons or actual consumption. Which key is permissible often follows from the lease and regulations such as the Operating Costs Regulation[2]. It is important that the landlord presents the statement in a comprehensible and documentable way.
Pros & Cons
- Fair distribution of additional costs when rules are clear.
- Reduces individual disputes if the key is contractually fixed.
- Consumption-based billing benefits economical households.
- Disadvantages arise if statements are unclear or erroneous.
- In big cities back payments are more frequent due to higher consumption or distribution errors.
- Some keys disproportionately favor certain units.
Checking a back payment in big cities
If you receive a subsequent demand, first check formalities: were all cost items explained, are documents available and does the allocation match the agreed key? Pay attention to deadlines: many objections should be raised within months, otherwise forfeiture may occur. Document all communication in writing and keep invoices, receipts and photos.
- Check deadlines and respond promptly.
- Collect documents: invoices, meter readings and previous statements.
- Request access to the original supporting documents from the landlord if needed.
- Compare the statement with prior years for plausibility.
FAQ
- How long do I have to check a utility statement?
- Check the statement immediately after receipt; legally a 12-month period is often relevant, but act sooner to avoid evidence problems.
- What if the statement contains errors?
- Send a formal objection naming specific items and request supporting documents. If no agreement is reached, the next step may be the local court.
- Who decides disputes about allocation keys?
- Initially the local courts; for key legal questions, higher courts and ultimately the Federal Court of Justice decide.
How-To
- Immediate: check the statement for completeness and deadlines.
- Collect evidence: invoices, meter readings and previous statements.
- File a written objection and request inspection of original documents.
- Seek legal advice if uncertain, and consider legal-aid options.
- If necessary: file a lawsuit at the competent local court.
Help and Support
- Bürgerliches Gesetzbuch (BGB) §§535–580a
- Operating Costs Regulation (BetrKV)
- Federal Court of Justice (BGH)
