CO2 Cost Allocation Myths for Tenants in Germany

As a tenant in Germany you often encounter incorrect assumptions about CO2 cost allocation in the service charge statement. Many automatically expect a proportional charge but do not know the rules of the Heating Costs Ordinance, the Operating Costs Ordinance or contractual agreements. This guide clearly explains which costs may be distributed, which evidence landlords must provide and how objection deadlines run. You will receive practical tips for checking the statement, proper documentation and a sample letter you can use in time. The aim is to avoid typical mistakes, secure rights and resolve disputes without unnecessary escalation so that you as a tenant in Germany remain able to act. If necessary, we also show examples of typical letter templates.

What may the landlord pass on?

Not every CO2 or energy charge can be passed on automatically. Permissible allocations are determined by the rental contract, the Operating Costs Ordinance and the Heating Costs Ordinance^[2][3]. The basic duties of the landlord to maintain the rented property and to render accounts are governed by the Civil Code (BGB)^[1]. If the landlord demands a new type of allocation, this must be contractually agreed or legally permissible.

Common mistakes when checking

• No distinction between consumption costs and flat-rate allocations.
• Missing or incomplete evidence from the landlord.
• Objection deadlines are overlooked.
• Confusing the heating cost statement with other operating costs.

How to check a statement practically

Proceed systematically: compare billing periods, check the breakdown of items, and request receipts if sums or distributions seem implausible. Ask for a complete cost breakdown and receipts if the statement is not comprehensible. Note deadlines, because objections must be made within common time limits.

1. Check date and billing period.
2. Compare previous year values and consumption.
3. Request receipts in writing and document the request.

If the landlord does not provide documents

If the landlord does not provide the requested evidence, you can withhold consent to additional charges or, if necessary, withhold parts of payment until the statement is understandable. If the refusal continues, legal action is possible; jurisdiction for a lawsuit lies in the first instance with the local court (Amtsgericht)^[4].

Sample letter for objections

A short, factual letter is often sufficient: date, disputed statement, concrete points of objection, deadline for providing evidence (e.g. 14 days) and notice of further steps if evidence is not provided. Keep copies and proof of postage.

FAQ

Can the landlord simply introduce CO2 costs?

No. New types of allocation must be legally permissible or contractually agreed; flat-rate or retroactive claims are particularly critical.

Must I accept receipts that only show aggregated amounts?

You may request a comprehensible breakdown; pure totals without receipts are insufficient.

How long do I have to file objections?

Formal deadlines are usually a few weeks to months after receipt of the statement; however, respond as early as possible to secure rights.

How-To

1. Read the statement in full and note inconsistencies.
2. Request receipts for CO2 and heating cost items in writing.
3. Set a deadline (e.g. 14 days) and send the sample letter.
4. If refused, consider legal action and legal aid.

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Operating Costs Ordinance (BetrKV) – Gesetze im Internet
• Information on courts and jurisdiction – Justiz

1. [1] Civil Code (BGB) – Gesetze im Internet
2. [2] Operating Costs Ordinance (BetrKV) – Gesetze im Internet
3. [3] Heating Costs Ordinance (HeizKV) – Gesetze im Internet
4. [4] Justiz: Information on courts – Justiz