CO2 Costs for Tenants in Germany 2025

As a tenant in Germany you may face additional CO2 costs in the service charge statement from 2025 onward. This guide explains in plain language when landlords may pass on CO2 charges, which legal bases apply and how to respond to supplementary charges. We outline practical steps: check deadlines, request receipts and statements, object formally and, if necessary, file a lawsuit. We also name official forms and courts responsible for tenancy disputes and show which proofs improve your chances. The goal is that you as a tenant can understand your rights in the utility bill, meet deadlines and decide whether a supplementary charge is justified or should be challenged. Read on for concrete templates and examples.

What are CO2 costs?

CO2 costs are typically new or increased charges that landlords can pass on proportionally when heating or fuel costs rise or when state CO2 charges on fuels are allocated to tenants. It is decisive whether these costs are listed in the Operating Costs Regulation or may be distributed via the heating cost statement.

• CO2 levy, insofar as the landlord shows it as part of heating or operating costs.
• Allocation by consumption or living space depending on contract and the Heating Costs Ordinance.
• Accounting period and deadlines for supplementary charges are crucial for enforceability.

Legal basis

Important legal sources include the German Civil Code (BGB) (rental contract, accounting duties) ^[1], the Heating Costs Ordinance ^[2] and the Operating Costs Regulation ^[3]. These rules determine which costs can be passed on, how to account and which deadlines apply. In disputes the local court (Amtsgericht) is competent; higher instances are the regional court and the Federal Court of Justice for precedents ^[4].

Check a supplementary charge: what tenants should watch

Before paying or objecting, systematically check the statement and receipts:

• Check the accounting period and whether the supplementary charge was issued within the statutory deadline.
• Request receipts, invoices and consumption statements from the landlord in writing.
• Compare the listed items with your rental agreement and the Operating Costs Regulation/Heating Costs Ordinance.
• Document all contacts in writing and send declarations by registered mail if necessary.

FAQ

May the landlord pass on CO2 costs?

Yes, under certain conditions the landlord may pass on CO2 costs if they are transferable under the Heating Costs Ordinance or operating cost law and the lease or accounting allows it.

Which deadlines apply to supplementary charges?

For operating cost statements it generally applies that the statement must be prepared promptly; many statements must be issued within one year after the end of the accounting period. Check deadlines in the lease and relevant laws if uncertain.

Which forms do I need to request receipts or file an objection?

There is no uniform nationwide template, but you can send a formal request or objection in writing by registered mail to the landlord; for lawsuits use the civil complaint forms of the competent local court.

How-To

1. Request documents: Ask the landlord in writing for all invoices, statements and allocation keys.
2. Check deadlines: Note accounting and limitation periods for claims.
3. Object formally: Send a reasoned objection by registered mail within the deadline.
4. If no agreement: Prepare documents for the local court and consider legal advice.

Help and Support / Resources

• §§ 535–580a BGB: Duties and rights in tenancy law
• Heating Costs Ordinance (HeizKV)
• Operating Costs Regulation (BetrKV)

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Heating Costs Ordinance (HeizKV)
3. [3] Operating Costs Regulation (BetrKV)
4. [4] Justice Portal – Court information and forms