
A Nebenkostenabrechnung looks, at first glance, like a simple list of numbers. In practice, it regularly contains errors, both in which cost types are included and in the calculation itself. A systematic check catches most of them.
The landlord must deliver the statement no later than 12 months after the end of the billing period (Section 556(3) of the German Civil Code, BGB). If it arrives later, they generally can't demand a top-up payment anymore, unless the delay wasn't their fault. Check the delivery date first.
Go through each cost item and ask whether it belongs to the operating costs chargeable under Section 1 BetrKV. Common sources of error:
Administrative costs (property-management fees, bookkeeping), explicitly excluded under Section 1(2) No. 1 BetrKV
Repair costs wrongly labelled as maintenance
Renovation reserves hidden inside the statement
The distribution key stated in the statement, usually floor area or number of occupants, must match the key agreed in your rental contract. Multiply your share of the building's total floor area by the total cost of each item, and compare the result with what the statement shows.
Add up the monthly advance payments you actually made during the billing period, and compare that total against the payments listed in the statement. Discrepancies here are a common, easily overlooked error.
If you have doubts about specific line items, you have the right to inspect the original invoices and service-provider contracts held by the landlord or property management. If the landlord refuses, you can withhold payment of the disputed amount until you've seen them.
If you find an error, object in writing within 12 months of receiving the statement (Section 556(3) BGB). Name the specific line item and explain why it isn't chargeable or was calculated incorrectly.
For the underlying list of what may never appear on your statement in the first place, see our Nebenkosten: costs landlords cannot charge tenants, and for how cold rent, additional costs, and total rent fit together, our Kaltmiete vs Warmmiete guide.
12 months from receiving the statement, under Section 556(3) of the German Civil Code.
Request in writing to inspect the underlying invoices from the landlord or property management before making any top-up payment.
Administrative costs and repairs mislabelled as maintenance are the most common errors, under Section 1(2) BetrKV.
No. If you object with valid reasons within the deadline, you can withhold the disputed top-up payment until the error is resolved.