Claim CO2 Costs 2025: Tenants in Germany

Utilities & Service Charge Billing 3 min read · published September 07, 2025

What does CO2 cost allocation mean for tenants?

CO2 costs have been listed in many statements as part of heating costs or charges since 2021. For tenants in Germany it is important to know which items are chargeable under law and regulation and when a claim for reimbursement is permissible. The Civil Code regulates landlord and tenant duties and provides the framework for use and billing[1]. The Heating Costs Ordinance and the Operating Costs Ordinance specify how heating costs may be distributed and how consumption is to be recorded[2][3].

In most cases only consumption-related heating costs can be charged to tenants.

Check, claim, deadlines

First, check the service charge statement systematically: Do allocation keys, reading dates and the stated CO2 amounts match? Collect receipts and compare previous year values. If errors or unclear items appear, request an explanation from the landlord in writing and set a deadline.

  • Collect records (evidence): Secure copies of consumption statements, meter readings and payment receipts
  • Observe deadlines (deadline): Check objections to the statement within 12 months where applicable
  • Send formal inquiry (form): State your claim in writing with a deadline
  • Check calculations (payment): How was the CO2 share allocated to tenants?
  • Legal action (court): If no agreement is reached, filing suit at the competent local court is possible
Respond to landlord requests within the set deadline to avoid losing rights.

Practical example: You discover a duplicated CO2 item. Write to the landlord, request clarification within 14 days and attach copies of the invoice and your payments.

Forms and templates

There is no single nationwide "CO2 reimbursement form," but for legal proceedings you use the complaint form for payment claims at the competent local court (ZPO). For extrajudicial letters you can use a simple template that clearly states the claim, amount and deadline. Example: "I hereby request repayment of the overcharged CO2 costs in the amount of EUR X within 14 days. Copies of supporting documents are attached." If it comes to a lawsuit, submit the complaint form to the local court; there you will find information on fees and procedure[4].

Document every step: dates, content of letters and acknowledgements of receipt increase your chances of success.

FAQ

Can I reclaim CO2 costs?
Yes, if the allocation does not comply with legal requirements or items were billed twice. Check documents and request correction in writing. If necessary, file suit at the local court.[1]
What deadlines apply for objections to the service charge statement?
Generally, objections should be made immediately after receiving the statement; many follow a 12-month guideline. Act promptly and specify concrete complaints.[2]
Which authority can I turn to in case of a dispute?
If no agreement is reached, the competent local court is the correct authority for tenancy disputes; higher instances are the regional court and the Federal Court of Justice for matters of fundamental importance.[4]

How-To

  1. Collect documents (evidence): Organize and copy all statements, meter readings and payment receipts
  2. Send a written claim (form): Use a template with amount and a 14-day deadline and send by registered mail or email with read receipt
  3. Set and record deadlines (deadline): Note receipt and deadline in your file
  4. Consider court action (court): Prepare the complaint form and file it at the competent local court if no agreement is reached

Help and Support / Resources


  1. [1] Civil Code (BGB) - §§ 535–580a
  2. [2] Heating Costs Ordinance (HeizKV)
  3. [3] Operating Costs Ordinance (BetrKV)
  4. [4] Justice Portal – Information on Courts (Local Court)
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.