Check General Electricity: Tenants in Germany

Many tenants in Germany face back-charges for general electricity and are unsure how to respond. This guide explains in plain language when back-charges are permissible, which documents you should secure, and how to meet deadlines to enforce your rights as a tenant. It covers common scenarios such as retroactive bills, disputed allocations, and whether the landlord has charged costs correctly. You will receive practical steps for documentation, pointers to official rules, and examples of how to formally object or, if necessary, proceed before the local court.

What is general electricity and when can a landlord claim additional charges?

General electricity covers costs for communal areas like corridor lighting, doorbells, or utility rooms. Back-charges are possible if the landlord properly allocates costs to tenants, documents the billing basis, and the statement is comprehensible. Relevant rules are found in the BGB regarding tenant and landlord duties^[1] and in the operating costs regulation for billable items^[2].

Typical check points for tenants

• Check whether the statement explains and substantiates all relevant items.
• Compare consumption and meter readings with your records.
• Do the allocated amounts match the lease and the operating cost agreement?

If heating costs are affected, special rules apply under the Heating Costs Ordinance, for example on allocation and meter reading^[3]. Missing receipts or incorrect allocation keys can invalidate a back-charge.

Important deadlines and rights

• Review period: Examine the statement carefully within the usual period after receipt.
• Objection: Give the landlord a written deadline to respond and to provide supporting documents.
• Statute of limitations: Landlord claims are subject to statutory limitation periods which you must observe.

Document your inquiries by registered mail or by email with read receipt and note telephone calls. If the landlord does not respond or insists on a disputed claim, court action at the local court may be necessary; procedural rules for claims and eviction are in the ZPO^[4].

Forms and templates (official guidance)

• Termination letter (template) – a template for ordinary termination; use the Federal Ministry of Justice example for orientation and adapt names, dates and deadlines.
• Defect notice / complaint – a letter by which you formally notify defects (e.g. incorrect billing) and set a deadline for remedy.
• Claim form for civil lawsuits – if out-of-court resolution fails, follow the ZPO requirements and the local court's submission rules when filing a claim.

If the landlord issues a back-charge: What to do

Quick overview

1) Stay calm and gather documents. 2) Check the statement and ask specific questions. 3) File a written objection in time and request documents. 4) Consider legal action or seek advice if needed.

Frequently Asked Questions

Can the landlord claim general electricity if the bill arrives years later?

That can be possible but is subject to limitation periods and the landlord's burden of proof; check retention periods and the specific statement. If evidence is missing, the claim may be invalid.[1]

Do I have to pay immediately when I receive a back-charge?

You should not pay impulsively. File a written objection, request evidence and observe deadlines; only substantiated and evidenced claims are due.

When is going to the local court appropriate?

If the landlord refuses to provide evidence, does not respond, or the amount remains disputed, a claim at the local court may be necessary; procedural rules are in the ZPO.[4]

How-To

1. Check immediately: Open the statement and note receipt date and the amount claimed.
2. Request documents: Ask the landlord for invoices, meter readings and contracts.
3. File an objection: Send a dated, signed letter with specific questions and a deadline.
4. Final step: If necessary, consider a claim at the local court and organize documents; BGH case law may provide guidance.^[5]

Key takeaways

• Documentation is crucial: Without evidence, back-charges are hard to enforce.
• Observe deadlines: Do not miss objection or litigation deadlines.
• Use official rules from the BGB and operating cost regulation when arguing your case.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Betriebskostenverordnung (BetrKV) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) — gesetze-im-internet.de
3. [3] Heizkostenverordnung (HeizKV) — gesetze-im-internet.de
4. [4] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
5. [5] Federal Court of Justice (BGH) – Case law and information — bundesgerichtshof.de