Checking Utility Costs: The 5 Most Common Errors by Your Landlord

The Shock of Additional Payment

Every year the same ritual: The mailbox rattles, the utility bill has arrived. And often follows the shock in form of a high additional payment. But before you make the transfer, you should take a deep breath and check the statement carefully. A significant portion of utility bills sent in Germany contain errors – errors that cost you real money.

We'll show you the five most common sources of errors and how you can defend yourself against them.

Error 1: The Wrong Distribution Key

The law is clear here: Unless otherwise validly agreed in the rental contract, operating costs must be allocated according to the proportion of living space (§ 556a BGB). If the landlord wants to bill according to a different key – for example, by number of people – this must be explicitly and legally securely stated in the rental contract. General or unclear formulations are often invalid.

Error 2: The Deadline Was Missed

The landlord must also adhere to deadlines. The utility bill must reach you no later than twelve months after the end of the billing period. If you receive the bill for 2023 only on January 2, 2025, any additional demands from the landlord are time-barred. They can then no longer demand money from you.

Error 3: Non-Transferable Costs Charged

Time and again, landlords try to transfer costs to tenants that they should actually bear themselves. These include in particular:

• One-time repair costs (e.g., for a broken heating system)
• Property management costs
• Bank fees

The Operating Costs Ordinance (BetrKV) lists exactly which costs are transferable and which are not.

Error 4: Lack of Transparency and Receipt Inspection

You don't have to blindly believe what's stated in the bill. You have the right to inspect the original receipts and invoices underlying the statement. If the landlord denies you this inspection, you don't have to pay any additional payment for the time being.

Error 5: Formal Defects in the Statement

A utility bill must be understandable and comprehensible for a layperson. It must necessarily contain the following points:

• The exact billing period
• A compilation of total costs
• The specification and explanation of the distribution key
• The calculation of your share
• The deduction of your advance payments already made

If one of these points is missing, the statement is formally invalid.

How to Defend Yourself Correctly: Systematic Objection

The foundation for any successful objection is your rental contract. Only if you know which clauses for the allocation of utility costs are contained therein and whether these are even valid, can you argue with foundation.