Tenants: Roof Charges & Special Levies in Germany

Many tenants in Germany face additional claims for roof work or special levies and wonder whether and how they must pay. This article explains in plain language what rights tenants have, which documents landlords must provide and which deadlines apply. You will learn when a claim is legally permissible, the role of the Civil Code and the Operating Costs Regulation, and how to object in writing or prepare a lawsuit if necessary. Practical steps, official forms and guidance on court procedures are explained so that tenants can decide more confidently whether to pay, object or seek legal help.

When can the landlord make an additional claim?

A landlord may present claims if costs were agreed in the lease or operating costs are being billed. It is decisive whether the works are considered allocable operating costs or modernization costs, which are treated differently. The provisions of the German Civil Code (BGB) and the Operating Costs Regulation (BetrKV) are relevant.^[1][2]

Which documents must the landlord provide?

Request copies of invoices, proof of payment and contracts. Without verifiable invoices, a claim is often unenforceable.

• Request copies of the contractor's or builder's invoices.
• Check payment records and invoice numbers.
• Verify whether the item is listed as allocable operating cost in the BetrKV.

Deadlines and response steps

Legal and contractual deadlines matter: check the billing deadline in your lease and respond promptly to the claim. If you wish to object, do so in writing with reasons.

• Review and, if necessary, object within the billing period.
• Send a written objection with reasons and a request for documentation.
• If uncertain, contact legal advice or tenant counseling.

Practical steps for tenants

Follow these steps when you receive a claim:

1. Request all invoices and payment proofs from the landlord within a few days.
2. Check whether it concerns necessary repairs (operating costs) or modernization.
3. Send a written objection with a deadline and justification by registered mail.
4. Keep track of deadlines for billing and objection.
5. Use counseling services or consider applying for legal aid if court action is needed.^[5]

If amounts are unclear or large, professional review by a lawyer or tenant association can be useful. Many disputes are resolved without court.

Forms and official steps

Important forms and procedures for tenants:

• Application for legal aid (PKH) — if you cannot afford court costs; example: you want to sue over a large claim but lack funds.^[5]
• Written objection to the landlord — no special official form required, but signed and recorded delivery is recommended.
• Filing a lawsuit at the competent local court (Amtsgericht) — local courts handle most tenancy disputes.^[4]

Relevant legal bases

The German Civil Code (BGB), the Operating Costs Regulation and the Heating Costs Regulation are especially relevant for legal classification. Read the applicable provisions on cost allocation and landlord duties.^[1][2][3]

Frequently Asked Questions

What if there is no invoice?

Request the invoice in writing and object until it is provided; without an invoice, a payment obligation is often lacking.

Do I have to pay modernization costs?

Modernization costs are typically not fully allocable like operating costs; examine the purpose, announcement and distribution of costs.

When should I sue?

If the landlord refuses to provide documentation or the claim seems implausibly high, suing at the local court may be appropriate after seeking advice.

How-To

1. Check the invoice date and deadlines immediately.
2. Request all invoices and proofs of payment from the landlord in writing.
3. Write a reasoned objection and send it by registered mail.
4. Seek advice from tenant associations or legal counsel.
5. If necessary, prepare a lawsuit at the competent local court and consider legal aid.

Key Takeaways

• Landlords must provide verifiable invoices; without them claims are often unenforceable.
• Observe deadlines and submit timely objections to protect your rights.
• Use official counseling and consider process-cost assistance when litigating.

Help and Support

• Laws online: BGB and regulations (Gesetze im Internet)
• Justice portal: forms and local court information
• Federal Court of Justice (BGH) – decisions

1. [1] German Civil Code (BGB) — full text
2. [2] Operating Costs Regulation (BetrKV) — full text
3. [3] Heating Costs Regulation (HeizKV) — full text
4. [4] Information on local courts and procedures (Justice portal)
5. [5] Forms and information on legal aid (PKH) — Justice portal