How long do you have to object to a Nebenkostenabrechnung in Germany

What the law actually says

The rules for the yearly service charge statement sit in one paragraph of the German Civil Code, §556 BGB. Section 3 says the landlord has to account for your advance payments (Vorauszahlungen) once a year, and it contains two separate deadlines: one for the landlord to send the statement, and one for you to object to it.

Your deadline is in the fifth sentence. In the official text it reads: Einwendungen gegen die Abrechnung hat der Mieter dem Vermieter spätestens bis zum Ablauf des zwölften Monats nach Zugang der Abrechnung mitzuteilen. In plain English, you have to tell the landlord your objections no later than the end of the twelfth month after the statement reached you. The next sentence adds that after this period you can no longer raise objections, unless you were not responsible for the delay.

The law uses the word Einwendungen (objections). In everyday German, and in most advice you will read, the same step is called a Widerspruch. Both refer to telling the landlord, with reasons, which parts of the statement you do not accept.

Section 5 of the same paragraph says that any agreement which departs from these rules to the tenant's disadvantage is invalid. A clause in your lease that gives you only three months to object does not shorten the legal deadline.

When the clock starts

The deadline runs from Zugang, the moment the statement reached you, not from the date the landlord or property manager printed on it. A statement dated 12 April that only lands in your letterbox on 30 April starts its clock on 30 April. Note the day you received it, ideally on the envelope or the first page.

Here is how the wording works out. Say the statement for the calendar year 2025 reached you on 30 April 2026. The twelve months after receipt run from May 2026 to April 2027, so the last day to raise objections is 30 April 2027. For a statement that arrives in the middle of a month it is safest not to plan around the very last day at all; the Verbraucherzentrale advises checking the statement as soon as possible and objecting promptly if you suspect an error.

There is one important condition. The Berliner MieterGemeinschaft, a Berlin tenants' association, points out that the Federal Court of Justice (BGH, judgment of 8 December 2010, VIII ZR 27/10) holds that the period only starts once the landlord has delivered a formally correct statement. The Verbraucherzentrale lists what such a statement for a building with several units has to contain: who issued it, which property it covers, the billing and usage period, the total costs, the allocation keys with an explanation where needed, and the deduction of the advance payments you made.

The landlord's deadline is a different one

The second deadline in §556 applies to the landlord. The statement has to reach you no later than the end of the twelfth month after the billing period ended. For a billing period that matches the calendar year 2025, that means by 31 December 2026. If it arrives later, the landlord can no longer claim a top-up payment (Nachforderung), unless the landlord was not responsible for the delay.

Mieterverein Köln, a member association of the Deutscher Mieterbund, adds two practical points. A tenant who pays a late top-up without knowing about this deadline can reclaim the money. And the cut-off only applies to the landlord's additional claims, not to money owed back to you: you can still ask for a statement after the twelve months, which matters if you expect a credit.

People often mix the two periods up, because both are twelve months long. The landlord's runs from the end of the billing period. Yours runs from the day the statement reached you. A statement that arrives late for the landlord can still be one you need to object to on time.

Paying and objecting are separate steps

Having twelve months to object does not give you twelve months to pay. The Verbraucherzentrale notes that landlords usually set a payment deadline in the cover letter, and that the twelve-month period does not suspend it. By that payment date you should at least have objected, asked to inspect the receipts and declared that you are holding back the disputed amount; unpaid top-ups can lead to the tenancy being terminated.

Paying does not end your right to object. The Mieterverein zu Hamburg states that settling a top-up has no effect on the objection period. Agreeing to pay in instalments is different: the Verbraucherzentrale warns that an instalment agreement usually contains an acknowledgement of the debt or a settlement, after which objections to the statement can no longer be raised.

Inspecting the receipts (Belegeinsicht) is a right written into the law. Under §556 section 4 BGB the landlord has to let you see the documents the statement is based on when you ask, and may provide them electronically. The Verbraucherzentrale adds that landlords cannot refuse on data protection grounds, and that until inspection is granted tenants may hold back both top-ups and advance payments, as long as they say so explicitly. It recommends sending objections by Einwurfeinschreiben, a registered letter with proof of delivery.

Common deadline mistakes

Counting from the wrong date. The date at the top of the statement is not your start date; the day it reached you is. If you only know roughly, work from the earlier possible date.

Treating the twelve months as time to think. The Verbraucherzentrale recommends raising possible errors within the payment deadline in the landlord's letter. Waiting until month eleven leaves no room for the landlord's reply, a receipt inspection or advice.

Objecting without reasons. According to the Verbraucherzentrale, a justified objection names your concerns and gives reasons; you cannot simply dispute the total on the off chance. It publishes sample letters, one for price-controlled (subsidised) housing and one for other rented housing, to help with the wording.

Agreeing to instalments first and checking later. As above, an instalment agreement can end the possibility of objecting at all. Check the statement before you sign anything.

Not writing anything down. Keep the envelope, note the day the statement arrived and keep proof of when your objection was sent. Nebenklar does part of this for you: you enter the day the statement reached you, it shows the last day under §556 and the days left, and it can remind you 90, 30 and 7 days before.

This guide explains the general rules. It is not legal advice. Whether an exception applies to your statement, or whether an objection makes sense, is a question for a Mieterverein (tenants' association), a consumer advice centre or a lawyer.

Frequently asked questions