Objecting to the service charge statement: deadline, reasons, sample letter

Which deadline applies to an objection to the service charge statement?

Twelve months, counted from the day the statement reaches you (§ 556 Abs. 3 Satz 5 BGB). Within that period you can challenge any item. Anything you have not challenged by then counts as accepted, unless the delay is not your fault.

Example: The statement for 2025 arrives on 20 March 2026. Objections are possible until 20 March 2027. A back payment is due on 19 April 2026.

The 30-day payment deadline runs independently of this. If you suspect errors, pay the demand „unter Vorbehalt der Rückforderung“, with that note in the payment reference and in a short letter to the landlord. That way you are not in default, and after the objection you get any overpayment back or offset against your next advance payments.

The landlord has deadlines too: he must issue the statement no later than 12 months after the end of the accounting period, otherwise his claim for back payment lapses. All deadlines are in the guide Deadlines for the service charge statement.

Sample letter to copy: objection to the service charge statement

Copy the letter, fill in your details and delete the example points that do not fit your statement. Each item needs its name, the amount and the reason. Send the letter in German: the German wording is on the German version of this page.

(Sender)
First name Surname
Street House number
Postcode Town

(To)
Landlord or property management
Street House number
Postcode Town

Place, … (date)

Objection to the operating cost statement (Betriebskostenabrechnung) for the year … dated …, rental property … (street, flat)

Dear Ms …, dear Mr …,

Your operating cost statement for the period from … to … reached me on … . I raise objections to the following items under § 556 Abs. 3 BGB:

• Item „Hausverwaltung“ (property management), … euros: administration costs are not operating costs within the meaning of § 2 BetrKV and cannot be passed on.
• Item „Aufzug“ (lift), … euros: this includes the repair of …; repair costs may not be passed on to tenants.
• Allocation key: the statement assumes … m² of living space; according to the tenancy agreement it is … m².
• My advance payments of … euros are credited at only … euros.
• … (further points)

Please grant me access to all invoices, contracts and the allocation key on which the statement is based (§ 259 BGB), and send me a corrected statement by … .

Until I have inspected the documents, I am withholding the back payment of … euros. / I paid the back payment of … euros on … under reservation of reclaim; please refund the overpaid amount by … . (Delete the sentence that does not apply to you.)

Yours sincerely

…
(signature)

How do I lodge a successful objection?

1. Request the documents. Demand access to all invoices, contracts and the allocation key (§ 259 BGB). Until you have seen them, you may withhold the back payment.
2. In writing and with proof. By registered post with return receipt (Einschreiben mit Rückschein) or against acknowledgement of receipt, so that delivery within the 12 months is on record.
3. Give specific reasons. Name each item and the error: not chargeable, wrong allocation key, wrong floor area, wrong period. General doubts are not enough.
4. Demand a corrected statement and set a deadline, say four weeks.

Formal errors affect the statement as a whole: wrong accounting period, late delivery, missing total costs or missing allocation key. A formally defective statement is invalid.

Material errors affect individual items: a wrong floor area, costs not agreed in the tenancy agreement, or costs that cannot be passed on. The statement is then corrected for those items.

What can I object to in a service charge statement?

• Costs that cannot be passed on: administration, maintenance and repairs, bank charges, vacancy. The landlord may pass on only the operating costs listed in § 2 of the Operating Costs Ordinance (Betriebskostenverordnung), and only if the tenancy agreement names them.
• Wrong allocation key (Verteilerschlüssel): without an agreement, floor area applies (§ 556a BGB). Heating and hot water costs must be billed 50 to 70 percent by consumption (Heizkostenverordnung).
• Wrong floor area of your flat or wrong total area of the building.
• Advance payments not credited or added up wrongly.
• Wrong period: the accounting period may cover at most 12 months.
• Late statement: if it arrives more than 12 months after the end of the period, you owe no back payment.

What happens after the objection?

Nothing to your disadvantage. The landlord must prove or correct the challenged items; if the correction gives a lower amount, you pay only that, if it gives a higher one, the original demand stands. Termination because of an objection is excluded.

The landlord does not have to reply. If he does not react, your objection stays effective; if he wants the back payment, he must sue for it and prove the statement in court. If part of the demand is justified, pay that part under reservation.

Filling in the sample letter: what goes in each line

The letter is above, ready to copy. Before you send it, check five details.

• Date of receipt: the day the statement reached you. The 12 months for objections and the 30 days until the back payment falls due both run from that day.
• Items: each item with the name used in the statement, the amount and the reason it is wrong. „The statement seems too high“ is not enough.
• Amount: the sum you are withholding or reclaiming, as soon as you can put a figure on it.
• Deadline: a specific date for the corrected statement, around four weeks after your letter.
• Delivery: registered post with return receipt or handover against acknowledgement of receipt. Keep a copy and the proof of delivery.

The letter does not replace a check of the statement. If you want the items checked first, go to a tenants’ association (Mieterverein) or a specialist tenancy lawyer and put their points into the list.

Frequently asked questions about the service charge statement