CO2 Cost Split: Tenant Checklist in Germany
As a tenant in Germany, CO2 cost allocation often appears in the annual utility and operating cost statement. Many tenants are unsure which items are permissible, how consumption and heating costs are allocated, and what deadlines apply for objections. This article explains in clear language which legal rules (e.g., BGB, BetrKV, Heizkostenverordnung) are relevant, which documents you should request, and which practical steps you can take yourself without a lawyer. You will receive an easy-to-use checklist, suggestions for drafting a written objection, and the most important contact points in Germany so you can review and enforce your rights securely. Concrete wording suggestions and an example objection show how to request documents and set deadlines. All guidance is aligned with German law and refers to official sources.
What CO2 cost allocation means for tenants
CO2 costs arise from fuel prices and are often passed on to tenants as part of operating costs. The permitted types of allocation and distribution are regulated by the Betriebskostenverordnung and the Heizkostenverordnung; additional claims arise from the BGB.[1][2][3] As a tenant, you should understand whether your landlord correctly charges CO2 costs as part of operating costs or whether compensation mechanisms and consumption-based billing apply.
In many cases, the annual statement determines subsequent claims or refunds.
Checklist: Checking CO2 costs
- Check deadlines: note the billing and objection deadlines immediately and act on time.
- Review the operating cost statement: verify CO2 items and totals for plausibility and compare with your contract.
- Understand heating cost distribution: consumption-based or flat? Compare consumption data and allocation keys.
- Request documents: ask in writing for annual bills, the energy provider's invoices and reading records.
- File a written objection: draft an objection with a deadline and request supporting documents.
- If needed: consider steps for a claim or mediation at the local court.
Act quickly: missed deadlines make it much harder to enforce your rights.
Practical example: You receive a CO2 cost demand for the previous year. First check whether the statement was issued within the permitted period, request the supporting invoices, and file a written objection if uncertain.
Which forms and templates are relevant?
Important official templates and guidance can be found on justice and legislation portals. Typical templates tenants use include:
- Sample objection letter (no uniform nationwide form): use an informal letter with date, the specific item and a deadline; example wording: "I hereby object to the statement dated [date] regarding the CO2 cost item and request the supporting documents within 14 days."
- Request for inspection of documents: request the original energy provider invoices and reading protocols in writing; specify the billing period.
- Filing a claim at the local court: if objection fails, you can file a claim at the competent local court; check the court's claim form and fees in advance.
Concrete wording suggestions make timely action easier and reduce mistakes.
Frequently Asked Questions
- Who pays CO2 costs?
- CO2 costs can be passed on to tenants as part of operating costs depending on the contract and legal provisions; the BetrKV and Heizkostenverordnung and lease agreement are decisive.[2][3]
- What deadlines apply for objections to the statement?
- Check the annual statement immediately; there is often a 12-month deadline after the end of the billing period for landlord claims; respond in writing without delay.[1]
- Can I file an objection without a lawyer?
- Yes. Document evidence, send a written objection with a deadline, and use justice portals for information before taking legal steps.[4]
How-To
- Collect documents: statement, lease, previous bills and reading records.
- Check deadlines: note the end of the billing period and the 12-month deadline for claims.
- Request documents in writing: ask for the provider invoices and reading records within a clear deadline.
- Draft an objection: specify the disputed items, request documents and set a clear deadline.
- If necessary, file a claim at the local court and document previous steps.
Final notes
Keep copies of all correspondence and responses. Do not pay hastily if the statement is unclear; a conditional partial payment may be appropriate.
Keep all receipts and reading values organized so you can present evidence if disputes arise.
Help and Support / Resources
- Federal Ministry of Justice and Consumer Protection
- Gesetze im Internet: BGB
- Justice Portal of the Federation and the States
