CO2 Cost Allocation: Tenants in Germany
As a tenant in Germany, you often face the challenge of correctly allocating CO2 costs and checking operating cost statements. Many bills contain formal errors, incorrect allocation keys or unclear heating cost shares — this can lead to excessive claims. This text explains in plain German which points tenants should check, which deadlines apply and how to file an objection. It names relevant laws such as the BGB[1] and the Heating Costs Ordinance[2], explains practical steps for collecting evidence and shows how to use the procedural basis under the ZPO if necessary.[3] Read on for checklists, templates and typical objections that tenants can use. The information is practical and neutrally formulated.
What tenants should check
When checking the CO2 cost allocation as a tenant, pay attention systematically to form, content and evidence. Start with the obvious items and work down to the details.
- Check the amount and distribution of CO2 costs and whether the allocation key is plausible (rent).
- Request the underlying meter and consumption proofs, invoices and logs as evidence.
- Pay attention to billing deadlines and deadlines for objections or appeals (deadline).
- Check whether the statement contains all mandatory information such as billing period, allocation key and explanations.
- Verify whether repair or modernization costs are correctly itemized and whether they are treated separately.
Typical errors and how to spot them
Common errors are incorrect allocation keys, missing evidence, double-charged items or unclear billing periods. Pay special attention to the "heating costs/CO2" item and whether it matches the invoices presented.
- Incorrect allocation key: Determine whether consumption shares or living area shares were applied correctly (rent).
- Missing evidence: Request documents in writing if invoices or meter readings were not provided.
- Duplicate items: Compare items with the previous years statement to identify repeats or double charges.
How to file a formal objection
If you find inconsistencies, you should file an objection in writing within the deadline. Document your complaints precisely and request missing evidence.
- Draft a short objection with the date, concrete complaints and a request for a response (form).
- Attach copies of receipts or list missing documents.
- Send the objection by registered mail or hand it over with a receipt to prove deadlines (deadline).
If it becomes a dispute
First try to resolve the matter out of court: written inquiry, conciliation body or counseling. If no agreement is possible, you can consider filing a lawsuit at the competent local court; the Amtsgericht is often the first instance for tenancy disputes.
- Court action: Inform yourself about jurisdiction and the course of proceedings before initiating a lawsuit (court).
- Advice: Obtain legal advice early, for example from a counseling center or a lawyer.
FAQ
- Who usually bears the CO2 costs?
- CO2 costs are partially passed on to tenants depending on contract and law; check your lease and the statement closely.
- How long do I have to object?
- The deadline depends on the statement and legal rules; in general act as soon as possible and document dispatch and receipt.
- Which laws are relevant?
- Important regulations are found in the BGB and the Heating Costs Ordinance as well as in the ZPO for court proceedings.[1]
How-To
- Collect all statements, invoices and meter logs for the relevant period.
- Check the statement item by item and note inconsistencies.
- Prepare a written objection with a deadline and request missing evidence.
- Seek legal advice if necessary or clarify jurisdiction of the local court.
Key Takeaways
- Good documentation improves chances in disputes.
- Respect deadlines to preserve your rights.
