Check Building Power: Tenant Rights in Germany
Many tenants in Germany are charged for shared electricity on their service charge statements but do not know how to check these items or formally contest incorrect allocations. This practical guide explains in plain language which evidence your landlord must provide, which deadlines to observe and when presenting specific forms is useful. You will learn how to request documents, document deficiencies or unclear charges and which courts or authorities are competent if an agreement cannot be reached. The recommendations follow applicable federal rules such as the BGB and the Regulation on Operating Costs and show concrete steps so tenants can enforce their rights effectively. Practical template texts and tips on deadlines and evidence help with formal objections.
What is shared electricity and why check it?
Shared electricity refers to electricity used communally (staircase lighting, corridors, outdoor lighting) and is often billed as a flat rate or via a collective meter. Because these costs are allocated to several apartments, the distribution method and evidence must be transparent. If a clear statement is missing or the allocation key is implausible, tenants can object to the statement and request documentation.[1][2]
What tenants should check
- Request documents and meter readings in writing and check them for completeness.
- Compare listed cost items in the service charge statement and note any discrepancies.
- Compare meter readings with previous readings and keep reading records.
- Keep deadlines for objections and potential follow-up claims in view; respond promptly.
Forms and templates
There is no single federal template for every objection, but the following documents are relevant for tenants: informal objection letter to contest the statement; court complaint form for civil claims at the local court (ZPO); and, where applicable, an application for an order for payment (Mahnbescheid) if a payment claim remains disputed. Example: Send a registered letter requesting the accounting documents and set a 14-day deadline; if the landlord does not respond satisfactorily, send an informal objection letter with copies of the documents and then consider legal action.[1][3]
Who to contact? Courts and authorities
Disputes about operating costs and shared electricity are usually heard in the local court (Amtsgericht) at the tenant's place of residence; appeals go to the regional court (Landgericht). Fundamental questions are decided by the Federal Court of Justice and its case law is often decisive for specific issues.[3]
How-To
- Request the complete accounting documents and meter readings in writing and set a clear deadline (e.g., 14 days).
- Compare meter readings, documents and allocation keys; note inconsistencies and make photos or scans.
- Send a formal objection letter by registered mail explaining your concerns and enclosing copies of the documents.
- For health or safety defects consider immediate measures such as rent reduction and document damage immediately.
- If unresolved, file a complaint at the competent local court and attach all evidence and a monetary calculation.
- If unsure, seek legal advice or contact an official tenant advisory service.
FAQ
- Can I withhold payment of shared electricity charges?
- Withholding payments as a blanket measure is risky. Rent reduction may be possible for genuine defects; for billing disputes you should object formally and, if necessary, have the matter decided by a court.
- Which deadlines apply for objections to the statement?
- Deadlines are complex. Typically, annual settlement is customary; if the statement is missing or incomplete, objections should be made as soon as possible, usually within twelve months after receipt of the statement.
- Which court do I file a lawsuit with?
- You generally file a lawsuit at the local court (Amtsgericht) for the apartment's location; appeals go to the regional court and fundamental issues may reach the Federal Court of Justice.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Betriebskostenverordnung (BetrKV) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – decisions
