Tenants in Germany: Reduce Caretaker Costs

As a tenant in Germany you can check whether caretaker (caretaker) charges are calculated correctly and whether savings opportunities exist. This guide explains in plain language which operating costs fall under caretaker services, which supporting documents your landlord must provide and how to file formal objections or appeals correctly. You will learn which deadlines apply, which sample forms are useful and when going to the local court or tenant mediation may be sensible. Practical steps help collect receipts, document damages and proceed in a legally secure way in case of dispute. The aim is to give you concrete actions so you can avoid unnecessary costs and enforce your rights as a tenant effectively. If in doubt, find links to official authorities and sample forms at the end.

What are caretaker charges?

Caretaker charges are part of operating costs if listed in the rental agreement or the operating cost statement. Typical services include cleaning of communal areas, basic winter services and minor maintenance. The legal basis for the lease and landlord duties can be found in the BGB ^[1], details on chargeable items in the Operating Costs Ordinance (BetrKV) ^[2] and special rules in the Heating Costs Ordinance if heating costs are affected ^[3].

Check the operating cost statement

Follow this systematic approach to spot errors and respond within deadlines:

• Request and check receipts (records): Ask for original invoices or copies for caretaker bills, payrolls and contracts.
• Compare cost items (rent): Check that items agree with the rental agreement and that flat rates are plausible.
• Observe deadlines (deadlines): Objections should be made within the usual review periods and statutory limitation periods.
• Send a written request (form): Ask for documents in writing and document dispatch and receipt.

Forms and templates

There is no single official "tenant form", but useful templates include:

• Termination or objection templates (sample letters) for statements: Use standard texts to state deadlines and claims clearly; a sample can be found on competent justice or ministry pages ^[6].
• Claim form / complaint (local court): If negotiations fail, filing a claim at the local court follows the rules of the ZPO ^[4].

Deadlines and court action

If the landlord refuses to provide evidence or incorrect statements exist, start with a formal request and set a reasonable deadline. If the landlord does not respond, you may consider rent reduction or filing a suit at the local court; proceedings follow the ZPO ^[4]. Take into account relevant Federal Court of Justice case law for precedents in tenancy law ^[5].

FAQ

Who must pay caretaker charges?

If agreed in the rental contract and permitted by the Operating Costs Ordinance, the tenant bears the caretaker charges proportionally.

What documents can I request?

Request invoices, payrolls and service contracts; a detailed breakdown helps review the charges.

What to do with an incorrect statement?

Send the landlord a formal objection, request supporting documents and, if necessary, involve the local court.

How-To

1. Request receipts: Ask the landlord in writing for specific invoices and contracts.
2. Set deadlines: Note deadlines (deadlines) for producing documents and reply on time.
3. Write an objection: Send a clear, dated objection with reasons and a deadline.
4. Gather evidence: Secure photos, witness statements, payment receipts and previous statements.
5. Consider court steps: If no agreement, consider filing a claim or mediation at the local court.

Help and Support / Resources

• BGB §535 et seq. — gesetze-im-internet.de
• Operating Costs Ordinance (BetrKV) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) — gesetze-im-internet.de
3. [3] Heating Costs Ordinance (HeizKV) — gesetze-im-internet.de
4. [4] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
5. [5] Federal Court of Justice (BGH) — bundesgerichtshof.de
6. [6] Federal Ministry of Justice — bmj.de