Check Utility Charges: Tenant Rights in Germany

Many students in Germany pay shared electricity (Allgemeinstrom) via the service charge statement without a clear breakdown. As a tenant you should know which items are permissible, when you can dispute a statement and which deadlines apply. This guide explains step by step how to request documents, document errors and file formal objections under § 556 BGB.^[1] You will learn which forms exist, which courts handle tenancy disputes and how a template letter can be structured. The language remains simple; concrete examples help when checking your statement and submitting corrections to the landlord or the competent local court.

What is shared electricity in the service charge statement?

Shared electricity means electricity used in common areas such as stairwell lighting or exterior lighting that is allocated across tenants via the service charges. According to the Operating Costs Ordinance only certain cost types may be passed on; the allocation and traceability must be clear to you as a tenant.^[2]

When can tenants object?

You can object to shared electricity costs if receipts are missing, the allocation is implausible or calculation errors are apparent. Typical reasons include:

• Missing invoices or receipts for the stated consumption (request copies from the landlord).
• Violation of the accounting deadline: statements must be issued within twelve months after the end of the accounting period (within 12 months).
• Unclear or non-verifiable allocation amounts that cause disproportionately high payments.
• Incorrect cost allocation, for example when repairs or modernizations are wrongly charged as shared electricity.

Practical steps to object

1. Request in writing all invoices and receipts for the relevant accounting period (request copies).
2. Check the allocation keys and compare consumption values with previous years.
3. Draft a written objection against the statement and set a deadline for correction (file a written objection).
4. Observe deadlines: respond within customary or specified timeframes to avoid losing rights.
5. If the landlord does not respond or no agreement is reached, you can file a lawsuit at the competent local court.^[3]

FAQ

Can I dispute shared electricity on the service charge statement?

Yes. If the statement is not transparent, receipts are missing or allocation keys are implausible, you have the right as a tenant to demand inspection of the documents and to formally object.

Which documents are useful as evidence?

Mainly the supplier's invoices, meter readings, allocation keys and, if applicable, maintenance or repair logs; also keep proof of payment.

Which authority or court handles a dispute?

The first instance is usually the local court; for appeals the regional court and ultimately the Federal Court of Justice may be relevant.

How-To

1. Collect all relevant documents for the accounting period.
2. Compare the charged amounts with the supplier invoices.
3. Write a formal objection and ask the landlord to correct the statement.
4. Set clear deadlines and document them, preferably by registered mail.
5. If necessary, file a lawsuit at the competent local court and present your documents.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – relevant tenancy provisions
• Operating Costs Ordinance (BetrKV) – what may be allocated
• Justice portal – information on courts and procedures

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) § 535 ff.
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Justiz – Informationen zu Gerichten und Verfahren