Sharing CO2 Charges: Tenant Guide for Germany

What tenants should check

First check whether CO2 charges are listed as part of the service charges and whether the landlord can legally base the allocation on the lease or a separate agreement. Check the exact amounts, the calculation basis and whether heating or fuel consumption was recorded correctly. Request the receipts and the allocation key; compare the statement with previous years if available. Name types of operating costs and consumption values so deviations can be explained. Relevant legal bases include the BGB^[1], the Betriebskostenverordnung (Operating Costs Ordinance)^[2] and the Heizkostenverordnung (Heating Costs Ordinance)^[3].

Check steps

• Request a full breakdown of the CO2 costs from the landlord.
• Compare allocation keys and consumption values with the heating cost statement.
• Collect evidence: statements, meter readings, supplier invoices.
• Note deadlines and respond within the landlord's stated time, generally 14 days.

Which forms and proofs to use

There is no single federal "CO2 form," but standardized proofs are important: copies of the service-charge statement, supplier invoices, meter logs and, if needed, a simple written request to the landlord asking for clarification. Use written proof (email with read receipt or registered letter) when setting deadlines or claiming a reimbursement.

When legal action makes sense

If the landlord does not provide reasonable proof or the statement is manifestly incorrect, a formal request to correct the statement can follow. If no agreement is reached, the competent Amtsgericht (local court) is the place for tenancy disputes; tenants can defend against claims or assert reimbursement claims there^[4]. Observe procedural deadlines and burdens of proof, and consider legal advice for complex cases.

FAQ

Who can pass CO2 costs on to tenants?

CO2 costs may only be passed on if contractually agreed or based on a legal provision; the exact amount and allocation must be transparent and verifiable.

How long do I have to check the statement?

Check the statement immediately upon receipt and respond within the time set by the landlord; generally, you should file an objection within a few weeks to avoid evidentiary problems.

Which authority or court handles disputes?

Tenancy disputes are first heard at the competent local court (Amtsgericht); higher instances like the regional court or Federal Court of Justice may decide on legal questions.

How-To

1. Request the complete billing documents from the landlord in writing.
2. Compare the statement with consumption data and earlier statements.
3. Set a deadline for correction by email or registered letter.
4. Seek advice if unclear, for example from tenant protection services or legal counsel.
5. If no agreement is reached, consider a claim or counterclaim at the local court.

Help and Support / Resources

• [1] BGB §535 and following — Civil Code (gesetze-im-internet.de)
• [2] Operating Costs Ordinance — (gesetze-im-internet.de)
• [3] Heating Costs Ordinance — (gesetze-im-internet.de)

1. [1] BGB §§535–580a — Bürgerliches Gesetzbuch (gesetze-im-internet.de)
2. [2] Betriebskostenverordnung — (gesetze-im-internet.de)
3. [3] Heizkostenverordnung — (gesetze-im-internet.de)
4. [4] Competent local court information — Justizportal (justiz.de)