Check Your Utility Bill: 5 Common Errors + How to Object
€500 Extra to Pay? Not So Fast.
The Nebenkostenabrechnung (utility bill) arrives, and the amount is higher than expected. Many tenants just pay — out of uncertainty, or because they assume the landlord must have calculated correctly.
The reality: The German Tenants' Association (Deutscher Mieterbund) estimates that roughly every second Nebenkostenabrechnung contains errors. These aren't trivial mistakes. Wrong distribution keys, non-allocable costs, arithmetic errors — if you look closely, you can often save several hundred euros.
First: Is the Bill Even Valid?
Before checking individual items, verify the basics. According to BGH case law, the statement must include at minimum:
- The billing period (normally exactly 12 months)
- Total costs broken down by category
- The distribution key (Verteilerschlüssel) — by apartment size, number of residents, or consumption
- Calculation of your share
- Deduction of your prepayments (Vorauszahlungen)
If any of these elements is missing, the statement is formally invalid. You don't have to pay anything until the landlord provides a correct version.
Did the Landlord Meet the Deadline?
Section 556(3) BGB gives the landlord exactly 12 months after the end of the billing period. If the period ends on December 31, 2025, the statement must reach you by December 31, 2026.
Arrived late? The landlord can no longer demand any additional payment. The reverse doesn't apply: if you have a credit balance, you can still claim it even after the deadline. The deadline only protects tenants — never landlords.
What Costs Can Be Passed On?
The Betriebskostenverordnung (BetrKV, Section 2) provides an exhaustive list of allocable operating costs:
Property tax, water and sewage, heating and hot water, elevator, garbage collection, street cleaning, building cleaning, garden maintenance, common area lighting, chimney sweep, insurance (building, liability), janitor (Hauswart), cable connection.
What Cannot Be Passed On — But Often Shows Up Anyway
- Repairs. Roof repair, a new heating pump, the plumber for a broken pipe — all the landlord's responsibility. Only ongoing maintenance can be allocated. The difference: maintenance = regular inspection. Repair = something broke.
- Administrative costs. Property management fees, bank charges, costs of preparing the bill itself — none of this belongs in your statement.
- One-time purchases. New trash containers, garden redesign, playground installation — not ongoing operating costs.
- Vacancy costs. If apartments in the building are empty, the landlord cannot redistribute their share to remaining tenants.
The Five Most Common Errors
1. Wrong apartment size
Check whether the stated apartment size (Wohnfläche) matches your lease. And whether the building's total area is correct. Even a 5 m² discrepancy in total area shifts your share of every single cost item. This adds up fast, especially for heating and water.
2. Repairs disguised as operating costs
A classic: the janitor fixes a door, and the cost appears under "Hausmeisterkosten." But repairs aren't operating costs — only his activities like cleaning, snow removal, and garden care count.
3. Double billing
The janitor takes care of the garden — and there's also a separate charge for an external gardener. Or building cleaning appears as its own line item and again within the janitor costs.
4. Unexplained cost increases
Compare with the previous year. If a category jumps 30% with no apparent reason, ask questions.
5. Wrong billing period
Must be exactly 12 months. Longer or shorter periods are only acceptable for the first or last year of a tenancy.
Your Right to Inspect Documents
You have the right to examine all original documents underlying the statement — invoices, contracts, meter readings, insurance policies. The BGH has clarified: the landlord must present the originals, not just summaries (BGH, judgment of 15.12.2021 — VIII ZR 66/20). You're allowed to photograph them (BGH, judgment of 09.12.2020 — VIII ZR 118/19).
If the landlord refuses inspection, you don't have to pay the additional amount until they make the documents available. The LG Hannover ruled exactly this (LG Hannover, judgment of 08.02.2010 — 1 S 29/09).
And if you requested inspection on time but the landlord only grants it after the objection deadline has passed, you can still raise your objections (BGH, judgment of 19.01.2010 — VIII ZR 83/09).
How to Object
Found errors? Object in writing. You have 12 months after receiving the statement (Section 556(3) sentence 5 BGB). After that, objections are generally barred.
Your objection should include:
- Reference to the specific statement (period, date)
- Which items you're challenging and why
- Request for correction with a 14-day deadline
Send by registered mail. If the additional payment is already due, pay the undisputed portion and withhold the contested amount — ideally noting "unter Vorbehalt" (under reservation) in the transfer reference.
Quick Check: Your Checklist
- Statement received within 12 months?
- Billing period = exactly 12 months?
- All required elements present?
- Apartment size matches lease?
- Distribution key correctly applied?
- All items allocable under BetrKV?
- No unexplained cost increases?
- No duplicate items?
- Prepayments correctly credited?
If you have even one question mark, it's worth a closer look.
Not Sure About Your Bill?
Nebenkostenabrechnungen are often hard to decipher — even when you know what to look for. Which items are allocable? Is the distribution key correct? Can the landlord really charge the janitor's repair work as operating costs?
MieterHelfer helps you answer these questions quickly. We built the app because many tenants overpay by hundreds of euros — simply because the billing is so opaque that nobody objects. The German Tenants' Association says every second bill contains errors. That's a lot of money left on the table.
Describe the items that caught your eye, or ask a specific question — for example, "Can my landlord charge garden maintenance when there's no garden?". MieterHelfer checks against the Betriebskostenverordnung and current case law and tells you whether an objection makes sense.
Free and no sign-up required. MieterHelfer isn't a substitute for a lawyer — but it's the fastest way to find out whether a closer look is worth your time.