Check Allocation Keys: Tenant Rights in Germany

As a tenant in Germany you have the right to understand how service charges are allocated and to challenge incorrect allocation keys. This practical guide explains clearly and practically how to check whether the landlord uses a permissible allocation key, which documents you should request and how to formally object to incorrect service charge statements. We show deadlines, typical calculation errors and concrete steps, including which courts are competent for tenancy disputes. At the end you will find a short guide for submitting letters, an FAQ and practical tips on how to collect evidence and which forms or courts are relevant.

What is an allocation key?

The allocation key determines how service charges (e.g. janitor, waste disposal, communal electricity) are distributed among tenants. Legal bases include the German Civil Code (BGB) §§ 535–580a.^[1] For specific types of service charges and accounting obligations the Ordinance on Operating Costs (BetrKV) is relevant.^[2]

How tenants can check the allocation key

• Check deadlines: Make sure to raise formal objections within statutory time limits.
• Request documents: Ask for copies of the original statement, the landlord's invoices and consumption data.
• Verify calculations: Check whether amounts were correctly allocated to tenants and rounding errors avoided.
• Object in writing: Draft a clear dated objection naming errors and send it by registered mail or by email with delivery confirmation.

If the landlord does not respond

If the landlord does not respond to your objection you can set deadlines and, if necessary, consider legal action; local courts (Amtsgerichte) are usually responsible for tenancy disputes.^[3]

How-To

1. Collect documents: Gather statements, the tenancy agreement and proof of payments.
2. Observe deadlines: Note statutory objection periods and act within the specified times.
3. Send a written objection: Specify each incorrect item and attach supporting documents.
4. Consider court action: If no agreement is possible, you can consider filing a claim at the competent local court.

Frequently Asked Questions

Can I contest the allocation key?

Yes. You can have the key reviewed and raise a written objection.

What deadline applies for objections to the service charge statement?

Check the deadlines on your statement and respond promptly, as delays can limit your options.

What documents should tenants collect?

Collect statements, the tenancy agreement, payment receipts and any invoices used by the landlord.

Help and Support

• German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
• Ordinance on Operating Costs (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] Bundesgerichtshof (BGH) — bundesgerichtshof.de