Choosing Allocation Keys: Tenant Guide Germany
Tenants in Germany often face the question of how communal service charges should be fairly allocated. A suitable allocation key significantly affects your utility statement: it decides which share of heating and operating costs is assigned to each apartment. This article explains simply which keys are common, what rights you have as a tenant and which steps make sense to avoid unnecessary costs. You get a practical checklist to review the statement, pointers to official legal bases and concrete steps, such as which proofs are important and how to file formal objections correctly.
What is an allocation key?
The allocation key determines according to which measure the communal operating costs are distributed among tenants. Common keys are living area, number of persons or consumption (for heating costs). The choice affects your monthly prepayments and the final statement. Legal bases can be found in the German Civil Code (BGB) and in the Operating Costs Ordinance.[1][2]
Which allocation keys exist?
- Share by living area: operating costs prorated by square meters.
- Person-oriented: distributes costs by number of residents.
- Consumption-based: heating costs often billed by individual consumption.
- Flat-rate or lump-sum agreements: a flat allocation regulated in the lease.
When is a change of the key permissible?
A change is only possible if it is contractually agreed or both parties consent. Unilateral changes by the landlord are only permissible with a clear contractual basis or court decision. If in doubt, check the lease and the supporting documents from previous statements.
Checklist for tenants (step by step)
- Check documents: Request the documents for the operating cost statement and compare figures.
- Read the lease: Check which allocation key is contractually agreed.
- Check cost categories: Pay attention to which cost types the landlord allocates.
- Recalculate: Recompute the statement using the contractual key.
- Respect deadlines: Objections to the statement should be made promptly.
If you find errors: Draft a written objection with concrete points and a deadline to the landlord. Name amounts, refer to missing documents and include short recalculations. A digital copy of all documents simplifies later steps.
Forms, authorities and legal steps
For formal lawsuits or applications courts apply the rules of the Code of Civil Procedure; §253 ZPO is relevant for a complaint.[3] Rental disputes are usually heard at the Local Court (Amtsgericht); appeal cases go to the Regional Court (Landgericht), and fundamental questions are decided by the Federal Court of Justice (BGH).
FAQ
- Who decides on the allocation key if nothing is in the contract?
- If there is no provision in the lease, a change is only possible with the consent of both parties; otherwise a court would have to decide.
- Can I object to an incorrect statement?
- Yes. Request documents, set a deadline for a response and file a written objection; if necessary, court action is possible.
- Which deadlines are important for the operating cost statement?
- The statutory billing period is usually twelve months after the end of the billing period; late claims may be inadmissible.
How-To
- Check the lease: Read your lease and note the allocation key named there.
- Request documents: Request the documents for the latest operating cost statement in writing.
- Recompute the statement: Calculate the statement with the contractual key and document deviations.
- File an objection: Write an objection with a deadline to the landlord and attach your calculation.
- Seek help: Contact local tenant advice or the local court for information.
- File suit if necessary: If required, prepare a complaint and file it at the competent local court.
Key takeaways
- The contractual allocation key is decisive.
- Documentation and evidence improve your chances when raising objections.
Help and Support
- §535 BGB - Landlord obligations
- Operating Costs Ordinance (BetrKV)
- Federal Court of Justice (BGH) decisions
