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Landlords may pass ongoing costs for building cleaning, garden maintenance and caretaker services on to tenants if the tenancy agreement provides for it. The legal basis is § 2 of the German Operating Costs Ordinance (Betriebskostenverordnung, BetrKV). Repairs, maintenance, administration and one-off special cleaning, on the other hand, cannot be passed on.
The key items at a glance
| Service | § 2 BetrKV | Recoverable | What it covers |
|---|---|---|---|
| Building cleaning | No. 9 | yes | Shared areas: entrances, hallways, stairs, basement, laundry room, lift car |
| Garden maintenance | No. 10 | yes | Lawn, beds, shrubs and trees, playgrounds, private paths and driveways |
| Winter service | No. 8 (street cleaning) | as a rule, yes | Clearing and gritting the pavements |
| Lighting | No. 11 | yes | Electricity for stairwell, basement and outdoor lighting |
| Caretaker | No. 14 | partly | Ongoing tasks such as inspection rounds, upkeep, supervision |
| Repairs, renovation | – | no | Maintenance and repairs are borne by the owner |
| Special cleaning (e.g. building dust) | – | no | One-off costs, not ongoing operating costs |
Building cleaning: what counts and what doesn’t?
Cleaning all areas that residents share is recoverable – the stairwell, hallways, basement, attic and the lift car. It makes no difference whether in-house staff or a cleaning company does the work. Cleaning outdoor areas, by contrast, falls under garden maintenance.
Final cleaning after construction or renovation work is not recoverable. It is a one-off expense, not an ongoing operating cost.
Caretaker costs: the most common point of dispute
The costs of a caretaker are only recoverable for ongoing tasks. These include inspection rounds, monitoring the building services and looking after the grounds.
Shares for the following cannot be passed on:
- repairs and maintenance work
- cosmetic repairs (Schönheitsreparaturen)
- administrative tasks such as flat handovers or communication with tenants
Also: if the caretaker handles cleaning or garden maintenance, these services must not be charged again separately. Otherwise tenants would pay twice.
Why a clean invoice matters so much
If a service provider offers caretaking, cleaning and small repairs from one source, the invoice must separate the services. Only then can the property manager transfer the recoverable shares correctly into the service charge statement. Lump-sum totals often lead to objections from tenants.
Prerequisite: the tenancy agreement
Landlords may only pass on what has been agreed in the tenancy agreement. A reference to the Operating Costs Ordinance is common. Items under “other operating costs” (sonstige Betriebskosten) must be named individually; otherwise they are generally not recoverable.
Billing-ready services from Fresh Flush
Fresh Flush looks after residential complexes and buildings for property managers in Düsseldorf and the surrounding area. Our invoices clearly separate cleaning, garden maintenance, winter service, caretaker services and repairs – so you can transfer the amounts into the service charge statement without extra work. Request a free quote now.
