Charging EV electricity: Tenant rights in Germany
Tenants in Germany often wonder who must pay for electricity used to charge electric cars and how billing works in practice. This text explains in plain language what rights and obligations tenants and landlords have, which legal bases apply and which records you should collect to assert claims. You will receive a practical checklist for steps from checking the rental agreement to possible actions in local court. Specific form titles and pointers to official authorities help you plan the next steps without needing legal expertise.
Who pays for EV charging electricity?
As a rule, the person who consumes the electricity bears the costs. In rental apartments, however, charging electricity can be regulated differently: some rental contracts contain specific clauses on charging infrastructure or utility allocation, others agree on separate meters. In case of uncertainty, the general rules of tenancy law under the BGB[1] and the provisions on operating cost accounting[2] apply.
Practical checklist
- Check forms and the rental contract: Check whether charging rules, meter obligations or allocations are included in the rental agreement.
- Collect documents: Prepare meter readings, invoices, photos of the connection and charging logs.
- Create a cost statement: Consumption (kWh) × price per kWh, calculate proportional distribution if necessary.
- Send a written request to the landlord: Justify the claim, set a deadline and attach evidence.
- In case of dispute: Review documents and seek advice; as a last resort, consider filing a claim at the local court.
Forms and templates
Important form names that may be relevant in proceedings:
- Application for legal aid (Prozesskostenhilfe, PKH) – if you cannot afford court costs.
- Written defect notice / request to correct the operating cost statement – informal, but written proof is recommended.
- Filing a claim at the competent local court – in persistent disputes over costs or access to charging infrastructure.
Rights, duties and deadlines
Landlords may only pass on costs to tenants if there is a legal basis or contractual agreement. Operating cost rules must comply with the BetrKV and case law. Tenants have the right to inspect the receipts in an operating cost statement; request these within normal review periods. Respond promptly to deadlines set by the landlord or the court, otherwise claims may lapse.
FAQ
- Who pays for the socket or charging station?
- The installation can concern landlord or tenant; cost allocation depends on the contract and landlord consent. Without agreement, generally the person who installs at their own expense pays.
- Can the landlord charge flat rates for charging electricity?
- Flat rates are only possible if they are transparent, verifiable and contractually agreed; otherwise billing by actual consumption is usual.
- What if the landlord refuses to provide accounting?
- Request inspection of the receipts in writing, document everything and seek advice; as a last resort, filing a claim at the local court is possible.
How-To
- Collect evidence: Gather all relevant documents: rental agreement, invoices, meter readings and photos.
- Send a request: Send the landlord a written request with deadline and documents.
- Prepare a cost calculation: Create a transparent cost breakdown and offer joint settlement.
- Seek advice: Consult legal advice or tenant organizations if no agreement is reached.
- Check legal aid: Apply for legal aid if necessary to fund court proceedings.
- File a claim: As a last step, file a claim at the competent local court and present the evidence.
Help and Support
- BGB: Civil Code (Gesetze im Internet)
- BetrKV: Regulation on Operating Costs (Gesetze im Internet, PDF)
- Federal Court of Justice (BGH) — Official site
