Common Electricity: Tenant Rights in Germany

Many tenants in Germany wonder how common electricity (Allgemeinstrom) is handled in operating cost bills and what rights they have. This text explains in clear language when landlords may charge common electricity, how you can demand access to consumption and contract data, and which legal bases apply. You will receive practical steps, sample notes for written objections and tips for reducing costs. The aim is to empower you as a tenant to identify incorrect bills, meet deadlines and, if necessary, respond confidently at the local court.

What is Allgemeinstrom?

Allgemeinstrom refers to electricity supplied for common areas or central facilities (e.g., hallway lighting, door openers, mailbox lighting). The costs can be allocated to tenants as part of operating costs if this is regulated in the lease or in a separate agreement and in accordance with the Operating Costs Ordinance.^[2]

When is allocation permitted?

An allocation is generally possible if the lease contains a corresponding agreement or the landlord lists the costs as allocable operating costs according to the BetrKV. Legal bases can be found in the BGB and the BetrKV.^[1][2]

Important checkpoints for tenants

• Check the lease for wording on allocation of common electricity (notice).
• Request receipts and invoices to inspect the bills (document).
• Compare billed amounts with the actual energy supplier invoices (rent).
• Pay attention to billing and objection deadlines (deadline).

Common billing errors

Errors often arise from incorrect distribution keys, missing proof of energy procurement, or flat rates without basis. Check whether the landlord has presented costs transparently and comprehensibly. In case of doubts, you can demand a written breakdown and file an objection within the stipulated period.

How tenants should proceed

1. Request documents in writing: Ask the landlord for electricity invoices and distribution keys (document).
2. File an objection in time if there are discrepancies, stating reasons in writing (notice).
3. Withhold only justified amounts and state the withheld sum with reasons (rent).
4. For persistent disputes, consider filing suit at the competent local court (court).

Forms and templates

For court proceedings and formal objections tenants use general civil procedure forms and sample letters. Relevant official bodies and legal texts are linked in the footnotes below. Examples:

• Reminder or objection as a written letter to the landlord (notice).
• In lawsuits: use application forms for the local court; jurisdiction depends on the tenant's residence (court).

FAQ

Who pays for common electricity if there is no clause in the lease?

If there is no agreement, allocation to tenants is not automatically permitted; the landlord otherwise has to bear the costs.

Can I as a tenant inspect the bill?

Yes, you are entitled to inspect invoices and receipts; request the documents in writing.

What to do if common electricity appears incorrectly billed?

File an objection in time, preserve documents, and obtain legal assistance if necessary.

How-To

1. Request documents: Ask the landlord in writing for electricity invoices and distribution keys (document).
2. File an objection: Submit a reasoned objection within the deadline (notice).
3. Check costs: Compare billed amounts with the energy supplier invoices (rent).
4. Consider legal action: If necessary, file suit at the competent local court (court).

Conclusion and tips

Tenants should insist on transparency and proof for common electricity. Document all steps, meet deadlines and use statutory inspection rights. The local court is the first instance for disputes; BGH rulings can serve as guidance.^[4]

Help and Support

• Gesetze im Internet (BGB, BetrKV, HeizKV)
• Justizportal of the Federal and State Governments
• Federal Court of Justice (BGH) decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - §535 ff. auf gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) auf gesetze-im-internet.de
3. [3] Heizkostenverordnung (HeizKV) auf gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) - Decisions and guidance