CO2 Costs: Tenant Rights in Germany

As a tenant in Germany, the question of who bears CO2 costs and how refunds should be checked can quickly become confusing. This guide explains clearly which regulations the operating costs and heating costs ordinances and the BGB provide, which documents you should collect and how to correctly check your service charge statement to see whether costs have been charged to you unlawfully. You will learn practical steps for objecting to incorrect statements, which deadlines must be observed and when a visit to the local court (Amtsgericht) may be advisable. I give examples of how to organize documents systematically, draft a sample letter and which official laws or ordinances serve as a basis. If necessary, I also explain how to prepare a lawsuit at the local court.

What are CO2 costs and when are they refunded?

CO2 costs are in many cases part of the heating and operating cost statement. Whether and how these costs can be passed on to tenants is regulated by the Operating Costs Ordinance and the Heating Costs Ordinance, and §§ 535–580a of the BGB provide the basics of tenancy law.^[1][2][3] As a tenant, you should check whether the landlord has listed the CO2 costs transparently, whether the distribution is comprehensible and whether contractual agreements allow allocation.

Who pays the CO2 costs?

• Whether costs can be passed on is often stated in the rental agreement and the applicable ordinances.
• Landlords can demand proportional CO2 costs if the statement discloses the basis and distribution.
• In case of uncertainty, tenants should request supporting invoices and check consumption values.

Which proofs help with a refund?

• Receipts for heating costs, meter readings and invoices from the energy supplier.
• The landlord's annual statement with breakdown of CO2 costs.
• Written correspondence with the landlord documenting objections and deadlines.

FAQ

How do I check whether CO2 costs have been calculated correctly?

Compare the statement items with your consumption statements, check the distribution keys and request the underlying invoices from the landlord if necessary.

What deadlines apply for objections to the statement?

Check the deadlines in the statement and the applicable legal regulations; often additional claims and objections should be considered within one year, and specific cases should be raised in writing without delay.

When should I involve the local court (Amtsgericht)?

If objections have been asserted in writing, deadlines lapse or an amicable solution is not possible, filing a lawsuit at the local court may be the appropriate step.

How-To

1. Gather all relevant documents: annual statement, meter readings, invoices from the energy supplier and your rental agreement.
2. Systematically check the statement and note unclear items with concrete questions for the landlord.
3. Send a formal objection with a deadline to the landlord and request supporting documents.
4. If the landlord does not respond, prepare copies of all documents for the local court and consider legal action.

Key Takeaways

• Check every item of the service charge statement carefully.
• Keep evidence continuously and organize it chronologically.

Help and Support / Resources

• Operating Costs Ordinance (BetrKV) – Gesetze im Internet
• Heating Costs Ordinance (HeizKV) – Gesetze im Internet
• Civil Code (BGB) – Gesetze im Internet

1. [1] Heating Costs Ordinance (HeizKV) – Gesetze im Internet
2. [2] Operating Costs Ordinance (BetrKV) – Gesetze im Internet
3. [3] Civil Code (BGB) – Gesetze im Internet