Tenants in Germany: Lowering Allocation Keys
As a tenant in Germany, you may often face questions about the service charge statement and the allocation key: Which costs can the landlord allocate, when is a reduction possible, and how do you act within deadlines? This text explains your rights in clear language, useful action steps and typical deadlines. You will receive a practical checklist, guidance on official forms and examples of how to request documents or prepare a written record. The information refers to German tenancy law and points to relevant statutes and authorities so you can decide whether an application to change the allocation key makes sense. At the end you will also find tips on keeping deadlines, securing evidence and, if necessary, bringing a case before the local court. Concrete wording suggestions and references to the BGB and BetrKV are included.
What does the allocation key mean?
The allocation key determines how operating costs (e.g. water, garbage, caretaker) are divided among tenants. The legal basis for tenancy agreements can be found in the German Civil Code (BGB).[1] An incorrectly applied or unexplained allocation key can result in individual items being allocated incorrectly or excessively.
How tenants can check and lower the allocation key
First check the service charge statement for clear information on the key used (per person, living area or consumption key). The Operating Costs Ordinance regulates which costs may be allocated and how accounting bases must be checked.[2]
- form: Request the detailed statement and the allocation key in writing from the landlord.
- within: Observe deadlines, typically 12 months for the statement and about 30 days for queries after receipt.
- evidence: Collect receipts, photos and meter readings as proof of consumption and condition.
- repair: Check whether defects (e.g. heating problems) affect cost allocation and whether a rent reduction is justified.
Application, wording and deadlines
If you seek a reduction of the allocation key, submit a written request to the landlord with reasoning and a deadline. Use concrete wording and, if necessary, a sample letter such as templates from the Federal Ministry of Justice for orientation.[3]
Practical example
You discover that heating costs were allocated by living area instead of consumption. Request the heating statement, meter readings and an explanation from the landlord. If documents remain incomplete, set a 14-day deadline for submission and announce further steps (inspection, possibly court action at the local court).
FAQ
- Can I refuse a back payment until the landlord explains the allocation key?
- You should not refuse back payments across the board, but you can request information in writing and withhold part of the payment if justification is missing and have the situation legally reviewed if necessary.
- Who decides in a dispute about the allocation key?
- If there is no agreement, the local court (Amtsgericht) can decide on claims; appeals go to the regional court and ultimately the Federal Court of Justice (BGH).
- Which documents must the landlord provide?
- The landlord must disclose the statement, receipts for costs and the calculation basis (allocation key) so you can verify the accounting.
How-To
- within: Check and note deadlines: When was the statement received and how long do you have to object?
- form: Send a written request to the landlord and ask for specific documents.
- evidence: Collect receipts and photos, document meter readings and make copies.
- contact: Contact free counseling centers or the local courts if in doubt.
- court: If no agreement, prepare a claim at the competent local court and observe deadlines.
Help and Support / Resources
- German Civil Code (BGB) — gesetze-im-internet.de
- Operating Costs Ordinance (BetrKV) — gesetze-im-internet.de
- Federal Court of Justice (BGH) — bundesgerichtshof.de
