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Property and Tenancy

Service Charge Statements in Germany: How to Check Your Nebenkostenabrechnung

Once a year, your landlord must settle the service charges. Many statements contain errors. Here is what to check and how to object.

In Germany, tenants usually pay monthly advance payments for service charges (Nebenkosten or Betriebskosten) on top of the net rent. Once a year, the landlord must settle these payments in a service charge statement (Nebenkostenabrechnung). The result is either a refund or an additional payment.

Deadline

The billing period is usually one year. The statement must reach you no later than twelve months after the end of that period, for example by 31 December 2026 for the calendar year 2025. If it arrives later, the landlord can no longer demand an additional payment, unless the delay was not its fault.

Which Costs May Be Charged

Only costs that the lease allocates to the tenant and that are listed in the operating costs regulation, such as:

  • property tax,
  • water and sewage,
  • heating and hot water,
  • lift, street cleaning and waste collection,
  • building cleaning and pest control,
  • garden maintenance and lighting,
  • chimney sweep,
  • building and liability insurance,
  • caretaker,
  • cable or common antenna systems, under certain conditions.

Not allowed: administration costs, repairs and maintenance, bank fees and reserves for future repairs.

What to Check

  1. Formal correctness. Period, total costs, distribution key, your share and deduction of your advance payments.
  2. Distribution key. By floor area, number of persons or consumption, as agreed in the lease.
  3. Allowed costs. Only costs listed above and agreed in the lease.
  4. Plausibility. Large increases compared with the previous year without explanation.
  5. Heating costs. At least 50 percent, usually 70 percent, must be charged by consumption.
  6. Vacant flats. Costs for empty flats must be borne by the landlord.

Inspecting Receipts and Objecting

You can inspect the original receipts at the landlord's or management company's office. You can usually take photos.

Objections must be raised within twelve months of receiving the statement. Explain specifically what you dispute. You can withhold the additional payment for disputed items until the landlord explains them.

Refunds and Additional Payments

  • Refund. The landlord must pay any credit, usually within 30 days, or offset it against the rent.
  • Additional payment. Due within 30 days of receiving a correct statement.
  • Adjusting advance payments. After the statement, both sides can adjust the monthly advance payments to a reasonable level.

Frequently Asked Questions

Can my landlord charge costs not mentioned in the lease?

No. Only costs agreed in the lease can be charged.

What if I moved out during the year?

You receive a statement for your share of the period. Part of the deposit can be held back until then.

Do I have to pay if I have not received a statement?

You do not owe anything beyond your advance payments until you receive a correct statement.

Written byDr. Frank BroerCo-Founder of Legalpaca GmbH, the company behind Lawyer4Expats

Co-founder and managing director of Legalpaca GmbH, which runs Lawyer4Expats. He holds a doctorate in law and passed both German state law exams.

Lawyer4Expats is not a law firm and does not provide legal advice. This guide is general information and does not replace advice on your individual case.