CO2 Costs for Tenants in Germany

As a tenant in Germany, additional CO2 costs can appear in the operating cost statement or as an additional claim. Many tenants are unsure when landlords may demand these costs, which deadlines apply and which documents you should request. This article explains in plain language which legal rules govern the allocation of CO2 costs, how to check an additional claim and object in time, which forms and court jurisdictions are relevant, and which practical steps have proven effective. We list deadlines from the German Civil Code and the Heating Cost Ordinance, show how to request inspection of billing documents, and provide templates for what to report in writing.

What are CO2 costs?

CO2 costs are additional costs that arise from CO2 pricing or energy-related surcharges and can be passed on to tenants via heating or operating costs. The legal basis for allocation and billing can be found in the BGB and in specific regulations such as the Heating Cost Ordinance and the Operating Costs Ordinance.^[1][2]

Important deadlines

• 12 months: The landlord must present the operating cost statement within 12 months after the end of the billing period (deadline).^[1]
• Limitation: The landlord's payment claims generally prescribe after three years; check deadlines carefully (deadline).

What should you check?

• Amount claimed: Compare the additional claim with previous statements and the rental contract.
• Request documents: Ask for the complete billing documents, meter readings and consumption statements in writing.^[2]
• Distribution key and measurement data: Check whether the Heating Cost Ordinance was complied with and the distribution was done correctly.^[3]

How to respond to an additional claim

First check the statement and request missing documents in writing. Calculate the amount demanded based on your documents and compare the applied distribution keys. File a written objection within the relevant deadlines if amounts are unclear or incorrect. In the objection, state specifically which items you dispute and request supporting documents. If the landlord does not respond or the claim remains unjustified, you can consider filing a lawsuit at the competent local court or seek legal advice.

FAQ

May the landlord demand CO2 costs afterwards?

Yes, if the costs are contractually agreed as operating costs and the statement is formally correct; missing evidence entitles you to object.

Which deadline applies to the statement?

The statement must be made within 12 months after the end of the billing period; late statements can exclude claims.^[1]

What if documents are missing?

Request inspection of the documents in writing and set a deadline for submission. Document all requests.

How-To

1. Check the statement: Compare items, distribution key and meter readings.
2. Calculate deadlines: Check the 12-month deadline for the statement and limitation periods.
3. Request documents: Ask for all billing documents in writing.
4. File an objection: Send a dated, reasoned objection by registered mail or email with delivery receipt.
5. Legal steps: If necessary, file suit at the local court or contact a legal advice center.

Help and Support / Resources

• [1] Bundesgerichtshof (BGH) - Case law on tenancy law
• [2] Gesetze im Internet – German Civil Code (BGB)
• [3] Heating Cost Ordinance (HeizKV) on the official law portal

1. [1] Gesetze im Internet - Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet - Heizkostenverordnung (HeizKV)
3. [3] Gesetze im Internet - Betriebskostenverordnung (BetrKV)
4. [4] Bundesgerichtshof - Decisions on tenancy law