Operating costs wrongly allocated? Check the allocation key in the utility bill

In the utility bill, the costs are allocated to the tenants according to an allocation key, usually by living space, sometimes by number of persons or consumption. If the wrong key is applied or the living space is stated as too large, you pay too much.

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Your chances of getting your money back

Without a different agreement, operating costs are allocated according to the share of living space (§ 556a BGB); if this is deviated from, it must be covered by the contract.

Heating and hot water costs must be billed predominantly according to consumption. A pure area allocation is usually impermissible there and you can reduce the amount.

What you should do now

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1. Check the key in the rental contract
Look at which allocation key is agreed. If nothing is stated, living space applies.
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2. Check your own area
Compare the applied living space with your rental contract. Even small deviations shift your share.
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3. Check heating costs separately
Heating and hot water must be billed predominantly according to consumption. If this is missing, you may often reduce by 15 %.
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4. Challenge and demand documents
Challenge the statement in writing, demand inspection of the documents and demand a corrected statement. After receipt you have 12 months to raise objections.

How to spot the scam

The billed living space is larger than in the rental contract.
Heating costs are allocated entirely by square meters instead of by consumption.
The key changes from year to year without justification.

Frequently asked questions

According to which key are utility costs allocated?

If nothing else is agreed in the rental contract, the operating costs are allocated according to the share of living space (§ 556a BGB). For heating and hot water, billing must be predominantly according to consumption.

What if the heating costs were not billed by consumption?

If consumption-based billing is prescribed but not followed, you may generally reduce the share attributable to you by 15 %. Challenge this in writing.

How long can I challenge the statement?

You have 12 months from receipt of the statement to raise objections. After that, challenges are usually excluded, unless you are not responsible for the error.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.