CO2 Cost Sharing: Tenant Rights in Germany

As a tenant in Germany, a back payment for CO2 costs can be unexpectedly high. This text explains in plain language which rules apply to the allocation of CO2 costs, which deadlines you must observe and what rights you have as a tenant. You will learn how to check the operating cost statement, which official regulations apply and which forms or state aids are available if you want to object or go to court. We name relevant laws, show concrete steps to reduce back payments and give examples so that you can actively assert your rights in Germany.

What is CO2 cost allocation?

CO2 costs are part of energy costs that landlords often pass on to tenants proportionally. The legal foundations for heating and operating cost statements can be found, among others, in the German Civil Code (BGB)^[1], in the Heating Costs Ordinance^[2] and in the Operating Costs Ordinance^[3]. These rules determine which costs are allocable, how statements must be structured and which deadlines apply for billing.

What tenants should pay special attention to

• Deadlines: Check the billing deadline (frequently 12 months) and respond within this period.
• Receipts: Request detailed statements and access to receipts, such as invoices for CO2 levies or fuel deliveries.
• Amount of back payment: Check whether allocation keys (e.g. consumption or floor area) were applied correctly.
• Repairs & heat loss: If heating technology is deficient, it can affect consumption and billing.

How to check a statement and formulate objections

First compare the line items in the statement with the receipts. Look for double-charged items, incorrect allocation keys or unclear items. Note specific errors with date and amount and make copies of all documents. If you have an objection, set a factual deadline for correction or for presenting missing receipts. For formal objections, a written dispute with clear reasoning and a request for a written response from the landlord is recommended.

Concrete sample procedure

• Written objection: Name the incorrect items, attach copies and set a deadline of e.g. 14 days.
• Contact: Arrange a meeting with the landlord to clarify misunderstandings.
• Court steps: If no agreement is reached, district courts and possibly higher courts are responsible^[4].

Which official forms and aids exist?

There are no nationwide standard templates specifically for CO2 back payments, but important state aids and procedural forms are available. Examples include applications for legal aid (Prozesskostenhilfe) or general court procedure forms. Use state portals to find the appropriate form and to meet deadlines^[5].

FAQ

Can the landlord simply pass on CO2 costs?

Only if the costs are allocable under the Operating Costs Ordinance or contractually agreed and the statement is comprehensible.

How long do I have to check the statement?

As a rule, tenants should act within the statutory billing period; often a period of 12 months applies for preparing the statement.

What if receipts are missing?

Request the receipts in writing and set a deadline. Document all steps and consider legal advice if cooperation is lacking.

How-To

1. Request receipts: Ask in writing for all original invoices and allocation keys.
2. Write objection: Draft a clear written objection with reasons and a deadline.
3. Contact the landlord: Try to reach an amicable solution before formal steps.
4. Check legal steps: Apply for legal aid if necessary and file a claim at the competent district court.

Key Takeaways

• Check every statement methodically against the receipts.
• Observe deadlines to avoid losing rights to object.
• Well-founded written objections increase chances of success.

Help and Support / Resources

• BGB (gesetze-im-internet.de)
• Heating Costs Ordinance (gesetze-im-internet.de)
• Operating Costs Ordinance (gesetze-im-internet.de)

1. [1] BGB §§535–580a — German Civil Code (gesetze-im-internet.de)
2. [2] Heating Costs Ordinance (HeizKV) — (gesetze-im-internet.de)
3. [3] Operating Costs Ordinance (BetrKV) — (gesetze-im-internet.de)
4. [4] Federal Court of Justice — Decisions on tenancy law (bundesgerichtshof.de)
5. [5] Federal Service Portal — Forms and court procedure information (service.bund.de)