Claim Building Electricity as a Tenant in Germany
Many tenants in Germany do not know that building electricity — for example power for stairwell lighting, corridors or common areas — can often be charged via service charges. If costs are missing or incorrect, tenants can demand back payments, but they must observe deadlines and formal rules of tenancy law. This article explains clearly and practically which documents you should collect, how to write a timely demand and which authorities or courts are responsible. At the end you will find a step‑by‑step guide, a short FAQ and official links to the BGB, the Operating Costs Ordinance and the courts.
What does building electricity mean?
Building electricity refers to electrical consumption that is not directly assigned to an apartment, such as corridor lighting, doorbells or outdoor lighting. Such costs can be part of the service charges and thus be passed on to tenants. If an accounting is missing or incorrect, tenants have a claim for back payment if the costs can be proven.[2]
When can tenants claim building electricity?
- Unbilled building electricity costs are present.
- The landlord has not provided the statement or supporting documents.
- Observe deadlines: claims usually prescribe after three years.
- You have evidence such as invoices, meter readings or maintenance logs.
How do you enforce the claim correctly?
Formulate your claim objectively and comprehensibly: state the period, amount, calculation basis and set a clear deadline for payment. Refer to applicable legal provisions and the landlord's duty to present operating costs transparently.[1]
- Send a written demand by registered mail with a clear deadline (e.g. 14 days).
- Attach supporting documents and the calculation: exact amounts and billing period.
- If unclear, contact advisory centres or a lawyer.
- If there is no response: consider filing suit at the competent local court.
How-To
- Collect documents: invoices, meter readings, photos of meters and correspondence with the landlord.[2]
- Calculate the claim: sum up the proportional costs for the relevant period and document your calculation method.
- Send the demand in writing: include amount, period and a clear deadline (e.g. 14 days).
- If payment does not follow: consider filing a suit at the competent local court.[3]
- Prepare for court: bring all documents organised and a concise summary for the judge.
FAQ
- Can I still claim building electricity after 3 years?
- Claims from the tenancy relationship usually prescribe after three years, counted from the end of the year in which the claim arose; check your documents early.[1]
- What form should the demand take?
- The demand should be in writing, with a clear breakdown of amount and period; a template letter helps with wording and should include attachments.
- Where do I turn in case of dispute?
- If an amicable solution is not possible, the local court is competent; proceedings can potentially continue to higher courts.
Key Takeaways
- Observe limitation periods and set binding deadlines.
- Collect and organise all evidence before claiming.
- A written demand with clear calculation is a prerequisite for success.
Help and Support
- Bürgerliches Gesetzbuch (BGB) §§535–580a — Gesetze im Internet
- Operating Costs Ordinance (BetrKV) — Gesetze im Internet
- Information on courts and local courts — Justice Portal