CO2 Cost Sharing: What Tenants in Germany Can Do

As a tenant in Germany you may often wonder whether and how CO2 costs can be allocated in utility and service charge statements. This guide clearly explains the legal rules, how landlords may pass on CO2 charges, when back-payments are lawful and which documents you should request. You will get practical steps: checking the statement, requesting billing documents, watching deadlines and, if necessary, filing an objection or a lawsuit at the local court. I also list relevant forms and authorities that can help in disputes. The goal is to give you, as a tenant, understandable tools to avoid unnecessary costs and to enforce your rights effectively. I also explain how heating and CO2 costs differ under the Heating Cost Ordinance and the role BGH decisions play in important cases.

What Tenants Should Know About CO2 Costs

CO2 costs are often billed through operating costs or as separate charges. The legal basis for landlord obligations and tenant rights is found in the German Civil Code (BGB)^[1] as well as the Ordinance on Operating Costs (BetrKV)^[2] and the Heating Costs Ordinance (HeizKV)^[3]. Crucial are the allocation key in the rental contract, the billing method and verifiable receipts. Precedent decisions by the Federal Court of Justice (BGH) influence interpretation and case law in individual matters^[5].

Practical Check: Verifying a Back-Payment

Follow these steps to check whether a back-payment is justified and how to respond.

• Check deadlines (deadline): Observe the billing period and objection deadlines.
• Review the statement (evidence): Request receipts and verify line items.
• Calculate shares (payment): Check your CO2 share based on consumption and the allocation key.
• Dispute options (court): Consider filing a lawsuit at the local court or mediation.

Forms and Deadlines

There is no single official template for objecting to an operating cost statement; a proper objection should be sent in writing by registered mail and must name the disputed items specifically. For court action, a lawsuit under the Civil Procedure Code (ZPO)^[4] is relevant: file the suit at the local court with a claim and reasons. Example: send a registered letter titled "Objection to operating cost statement dated [date] due to missing CO2 receipts" and request proof within 14 days.

Frequently Asked Questions

Who has to pay CO2 costs?

Generally the landlord can pass on CO2 costs if the rental contract or the BetrKV permits this; distribution depends on contract and consumption.

Can the landlord demand back-payments?

Yes, if the billing is correct, deadlines were met and the allocation is contractually permitted; otherwise tenants can object or sue.

Where is a lawsuit filed?

Rental disputes are normally heard at the competent local court; higher instances are the regional courts and the Federal Court of Justice.

How-To

1. Request receipts: Ask the landlord for the billing documents within a reasonable time.
2. Check items: Compare CO2 charges with consumption values and the allocation key.
3. Recalculate: Work out your share and check for calculation errors.
4. Respond: File a written objection, observe deadlines and, if necessary, file suit at the local court.

Help and Support

• Contact (contact) Justizportal for court information
• Gesetze im Internet (laws) – official legal texts
• Federal Ministry of Justice (BMJ) – legal information

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1. [1] German Civil Code (BGB) – §§ 535–580a
2. [2] Ordinance on Operating Costs (BetrKV)
3. [3] Heating Costs Ordinance (HeizKV)
4. [4] Civil Procedure Code (ZPO)
5. [5] Federal Court of Justice (BGH) – decisions