You checked your Nebenkostenabrechnung and found errors? Then you should object quickly and correctly. In this article, you will learn what an effective objection looks like, which deadlines apply, and what to watch out for.
Request Receipt Inspection — Free PDF
Before you object, you can first request inspection of the receipts. This lets you see which invoices and contracts underlie the bill. With this tool, you can create a finished letter as a PDF:
Free: request receipt inspection
Create a ready-to-use letter requesting receipt inspection from the landlord — as a PDF to print.
This letter is a template and is not legal advice. For a complete review of your utility bill with an individual objection letter, use NeKo Check.
Already Paid? You Can Request Your Money Back
One of the most common questions: "I have already transferred the additional payment — can I still object?" The answer is clear: yes.
Payment of the demand and the right to object are two separate things:
- Payment obligation: The due date follows the bill and lease; without a special provision, the claim is generally due immediately under § 271 BGB. If you suspect errors, payment under reservation may be appropriate.
- Right to object: You have 12 months from receipt to object to errors. Your payment does not change that.
The key is payment "under reservation":
This is how many tenants proceed:
- Pay the demand by the applicable due date.
- Note on the transfer: "Payment under reservation of review".
- At the same time, send a short letter to the landlord explaining the reservation.
- Object to the bill with specific errors (see template above).
If the bill is corrected, you have a repayment claim under § 812 BGB (unjust enrichment). The landlord must reimburse the amount paid too much. You can either:
- Request repayment directly — by letter with a deadline
- Offset it against the next rent — only after the landlord has made the correction
Important: Offsetting on your own without a correction is risky. Only when the landlord acknowledges the errors or a court decides is offsetting secure. Otherwise, there is a risk of termination for rent arrears.
Limitation period: A repayment claim is generally subject to the three-year period under §§ 195 and 199 BGB. It generally begins at the end of the year in which the claim arose and you knew, or would have known without gross negligence, the circumstances giving rise to the claim and the identity of the debtor.
Objection Made Easier with NeKo Check
Are you unsure whether your bill contains errors? NeKo Check reviews your Nebenkostenabrechnung automatically and, if errors are found, creates a finished objection letter with all disputed items and the relevant legal basis.
This means no template editing is needed — the result is an individual letter that only needs to be sent.
Further Reading
Frequently Asked Questions
How long do I have to object?
You have 12 months from receipt of the Nebenkostenabrechnung to raise objections (§ 556 para. 3 sentences 5 and 6 BGB). After that, objections are generally excluded unless you were not responsible for the delay.
Do I still have to make the additional payment?
The due date follows the bill and lease. Without a special provision, the additional payment is generally due immediately under § 271 BGB. Subject to additional conditions, § 286 para. 3 BGB governs default after 30 days; it does not create a general payment deadline. If you suspect errors, payment under reservation may be appropriate.
Does the objection have to give reasons?
Yes. A general objection without specific points is ineffective. The incorrect items should be named specifically — for example, "The administrative costs of €340 are not allocable under § 2 BetrKV."
By email or by post?
Both are legally possible. Registered mail with return receipt has the advantage that receipt can be proven. For email, it is advisable to request a read receipt.
What happens if the landlord does not respond?
If the landlord ignores the objection, it may be possible to offset amounts paid too much against the next rent or pursue them through legal channels. Legal advice can be useful in that situation.