Common-Area Electricity: Tenants' Guide in Germany

As a tenant in Germany, you may often face utility bills that include common-area electricity charges. These costs cover shared spaces like stairwell lighting, corridors, or elevators and are not billed individually by the supplier. If a back payment is requested, it is important to check whether the landlord has explained the allocation correctly, whether the amounts are comprehensible and whether the billed periods are correct. In this text you will learn step by step which documents and forms you need, how to check calculations, which deadlines apply in court and when the local court (Amtsgericht) is competent. The guide is practical and aimed specifically at tenants who want to understand their rights in Germany and act systematically in case of discrepancies.

What is common-area electricity?

Common-area electricity includes energy costs for shared areas such as stairwell lighting, hallway lighting, doorbells or elevators. These costs are part of the operating costs and can appear in the service charge statement. Relevant legal regulations can be found in the Operating Costs Ordinance and in the German Civil Code (BGB).^[1]

How can tenants check a common-area electricity back payment?

Proceed systematically: collect all statements, check the allocation key and verify whether advance payments have been correctly taken into account. Pay attention to billing periods and check whether meter readings or estimates are presented transparently. If the landlord refers to an allocation key, request the calculation basis.

• Collect receipts and invoices and arrange them chronologically
• Request billing documents and the allocation key (document)
• Check advance payments and actual payments (payment)
• Send a written inquiry to the landlord and set a deadline
• Observe deadlines for filing a claim at the local court

Concrete checkpoints

Make sure that the stated costs are actually common-area electricity and not costs for individual apartments. Check whether the allocation key is plausible (e.g., by floor area or number of residential units) and whether advance payments were applied correctly. Request detailed invoices from the supplier or an explanatory breakdown from the landlord if anything remains unclear.^[2]

Forms and legal basis

There is no uniform nationwide "common-area electricity complaint," but for court actions you use the provisions of the BGB (especially regarding landlord obligations) and the Operating Costs Ordinance (BetrKV) to determine which costs are allocable. For payment order procedures and lawsuits, state court forms and information from the judiciary are available. In case of dispute, the local court is generally competent; higher instances are the regional court and, in exceptional cases, the Federal Court of Justice.^[1][3]

Frequently Asked Questions

Can I challenge a common-area electricity back payment?

Yes. First request receipts and a comprehensible breakdown. If information is missing or appears incorrect, you can object in writing and, if necessary, seek judicial clarification.

What deadlines apply to assert counterclaims?

Check the statement immediately upon receipt. Regular limitation periods apply to civil claims; for urgent payment requests, respond within the set deadline or set a short deadline for clarification.

When is the local court (Amtsgericht) competent?

The local court is usually competent for tenancy disputes below certain value thresholds, for example in service charge disputes and eviction claims.

How-To

1. Collect all service charge statements and payment receipts for the relevant billing period.
2. Request a written detailed breakdown of common-area electricity and the allocation key.
3. Compare the billed amounts with your advance payments and, where possible, actual consumption.
4. If uncertainties remain, seek legal advice or file a claim at the competent local court.

Key points

• Collect receipts and check the statement item by item.
• Request information in writing and set deadlines.
• Escalate disputes to the local court if necessary.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Operating Costs Ordinance (BetrKV) – Gesetze im Internet
• Information on German courts and procedures — justiz.de

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Operating Costs Ordinance (BetrKV) — gesetze-im-internet.de
3. [3] Information on the German judiciary and court procedures — justiz.de