Not every landlord expense may end up on the tenant's bill. Only costs expressly listed in the German Operating Costs Ordinance (BetrKV) – and validly agreed in the lease – are recoverable.

"Operating costs are the costs incurred by the owner on an ongoing basis through ownership of the land or through the intended use of the building."

— § 1 (1) BetrKV (translated)

The 17 categories of § 2 BetrKV

Property tax, water, sewage, heating, hot water, elevator, street cleaning and refuse, building cleaning, garden maintenance, lighting, chimney sweeping, property and liability insurance, caretaker, shared antenna/broadband, laundry facilities – plus the catch-all "other operating costs" (no. 17), which must be itemised individually to count.

Never recoverable

  • Administration – not even proportionally as "caretaker with admin duties".
  • Maintenance and repairs – the landlord's core obligation.
  • Bank fees, postage, vacancy costs – ownership risk.

The two most litigated items

Caretaker costs: repair and admin shares must be carved out; flat pass-throughs rarely survive court scrutiny. "Other operating costs": only valid if the specific cost type (e.g. "smoke detector maintenance") is named in the lease – a bare reference to no. 17 is not enough.

Rule of thumb: recurring + named in the lease + listed in § 2 BetrKV = recoverable. Everything else does not belong on the statement.