Checking a service charge statement

In short: Tenants usually pay service charges as an advance and receive a statement once a year. It may only include chargeable costs and must arrive on time.

In more detail: The landlord must send the statement no later than twelve months after the end of the billing period. After that, additional claims can generally no longer be enforced. The tenant has twelve months after receipt to raise objections (§ 556 BGB).

In Depth

Not legal advice.

Chargeable costs (Operating Costs Ordinance)

Property tax, water and sewage, heating and hot water, lift, street cleaning and waste collection, building cleaning, garden care, lighting, chimney sweep, insurance (building, liability), caretaker, shared aerial or cable.

Not chargeable

Administration, repairs and maintenance, reserves, bank fees of the landlord.

What to check

• Distribution key: by area, people or consumption, as in the lease.
• Period and deadline: Was the statement sent too late?
• Receipts: Tenants may demand to inspect the invoices.
• Heating costs: Consumption-based, at least 50 % to 70 % by consumption.
• Traceability: Total costs, distribution key, share and advance payments must be recognisable.

See also: Advance payments and back payments for electricity and gas, Rental deposit