Apportionment Keys: Tenant Guide for Germany
As a tenant in Germany you often face decisions about distributing operating costs. Choosing the right apportionment key affects how heating, water and caretaker services are allocated and how high your service charges ultimately are. Many mistakes are avoidable: unclear contractual provisions, incorrect billing keys or missing receipts lead to unnecessary costs and disputes with the landlord. This article clearly explains which apportionment keys are common, which legal requirements under the BGB[1] and the BetrKV[2] apply, which forms and deadlines are important and how you as a tenant can lodge an objection or demand a correct operating cost statement. With practical steps, template texts for objection letters and links to official forms we show how to assert your rights and avoid unnecessary additional payments.
What is an apportionment key?
An apportionment key determines by which criterion operating costs are distributed among tenants. Typical criteria are living area, number of persons, consumption or fixed units. The rental agreement sets the apportionment key; if there is no clear agreement, statutory rules apply.
Common apportionment keys
- Area share (living area) – distribution by square meters.
- Number of persons – billing according to registered household members, important for water and waste costs.
- Consumption (heating/hot water) – billing by heat cost allocators or meters.
- Unit key – distribution by dwelling units, often used in mixed-use buildings.
Common mistakes by tenants and landlords
- Unclear contract clauses or missing agreements on the apportionment key.
- Missing evidence: no reading protocols or invoices attached.
- Incorrect allocation of cost items that are not eligible for apportionment.
- Failure to meet deadlines for the operating cost statement.
How to check an operating cost statement
Proceed step by step: first check whether the apportionment key used corresponds to the rental agreement. Do the stated consumptions match reading protocols and meter readings? Are all listed cost items apportionable under the BetrKV? Document readings, photos and correspondence with the landlord.
- Collect receipts and reading protocols as evidence.
- Request missing invoices and receipts in writing.
- Check whether items like administration or repairs are correctly listed.
- Observe the billing deadline: usually one year after the end of the billing period.
What to do in case of errors? Practical steps for tenants
If you find errors, write a formal objection to the landlord. Specify the challenged items and set a deadline for submitting receipts or correction. If the landlord does not act, you can file a suit at the competent local court or seek tenant advice. The local court (Amtsgericht) is responsible in the first instance for tenancy disputes, and the BGH may be relevant for precedents.[3]
Sample action: writing an objection
- Formulate briefly: "I hereby object to the operating cost statement dated [date] due to [reason]. Please provide the receipts by [date]."
- Attach copies of your reading protocols or photos, not originals.
FAQ
- Who decides which apportionment key applies?
- The rental agreement usually governs the apportionment key. If nothing is agreed, statutory rules and common commercial billing practice apply.
- Which costs can be apportioned?
- Costs that can be apportioned are those listed in the BetrKV, such as water, drainage, waste, street cleaning and building cleaning; repairs are generally not apportionable.
- How long do I have to challenge a statement?
- The statement must generally be issued within one year after the end of the billing period; as a tenant you should file an objection within a reasonable time after discovering errors.
How-To
- Check the rental agreement for the apportionment clause.
- Collect evidence: reading protocols, photos, invoices.
- Write a formal objection with a deadline and include all evidence.
- If no agreement is reached: consider filing a claim at the local court or seek legal advice.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Betriebskostenverordnung (BetrKV) – Gesetze im Internet
- Bundesgerichtshof (BGH) – decisions and information
