Check Smart Meters for Tenants in Germany

As a tenant in Germany, you may face the switch to smart meters, especially in social housing. These modern digital electricity meters can collect usage data and trigger modernization costs, so it is important to check legally which obligations landlords have and which rights you have as a tenant. In this article I explain step by step how to check whether installation is lawful, which deadlines and information duties apply, and how to assess data protection and possible cost allocations. The guidance is practical and based on German legal sources so you can respond confidently, prepare correspondence and, if necessary, contact the responsible authorities or submit a written objection.

What are smart meters and what changes for tenants?

Smart meters are digital measuring devices that record and transmit consumption data electronically. In Germany the Metering Point Operation Act (Messstellenbetriebsgesetz, MsbG) regulates the obligation to set up certain metering systems and the requirements for operators and data protection.^[2] For tenants this means: landlords cannot automatically replace every meter without information and legal basis; at the same time new billing forms may arise.

Tenants' rights on installation and costs

Landlord duties, including maintaining the rental property and information obligations, are set out in §§ 535–580a of the German Civil Code (BGB).^[1] Costs that are to be passed on to tenants must be legally permissible and transparent; additional rules for heating and operating costs apply under the Heating Costs Ordinance.^[3]

• Check the modernization or replacement notice and the stated deadlines.
• Collect meter readings, photos and all correspondence as evidence.
• Verify whether costs can actually be allocated as modernization costs under §559 BGB.
• Pay attention to data protection information and who stores and processes the data.

Practical notes and deadlines

Landlords usually have to announce modernization measures in good time; deadlines and content of the notice are important for your options to react. If the installation affects your quality of living, rent reduction or damages may be considered, supported by the BGB rules.^[1]

What to do if the landlord behaves improperly?

If landlords act without sufficient justification and without information, document everything and send a written request for clarification or a reasoned objection. In disputes the local court (Amtsgericht) usually decides; higher instances are the regional court and the Federal Court of Justice (BGH).^[4]

FAQ

1. Do I have to agree to the installation of a smart meter as a tenant?

Not automatically. Consent depends on the lease, the law and the type of measure; landlords must inform and state the legal basis.^[1]

2. Who pays the costs for the replacement?

Whether costs can be passed on to tenants depends on modernization law and the Heating Costs Ordinance; not all costs are allocable.

3. What can I do if I have data protection concerns?

Request information about who processes the data and contact the competent authorities such as the Federal Network Agency or data protection authorities; document complaints.^[2]

How-To

1. Check deadlines: read the notice and note deadlines and appointments.
2. Gather evidence: secure photos, meter readings and all correspondence.
3. Make contact: send letters to the landlord and, if necessary, to the responsible bodies.
4. Consider legal action: if the legal situation is unclear, consider filing in local court.

Help and Support / Resources

• Gesetze im Internet: BGB – Tenancy law
• Federal Network Agency – information on smart meters
• Federal Ministry for Economic Affairs and Climate Action – energy policy

1. [1] §§535–580a BGB — German Civil Code (BGB)
2. [2] Metering Point Operation Act (MsbG) — Gesetze im Internet
3. [3] Heating Costs Ordinance — Gesetze im Internet
4. [4] Federal Court of Justice (BGH) — decisions and information