General Electricity & Back Payments: Tenants Germany

Many tenants in Germany receive service charge statements that include general electricity or flat-rate electricity costs. Such back payments often create uncertainty because they are difficult to verify and landlords use different billing methods. This article clearly explains how general electricity is classified legally, which duties landlords have under the BGB and the BetrKV, how you can check your bill and which documents are important. You will receive practical steps for initiating a written review, tips on evidence preservation and an overview of when a rent reduction or court clarification may be useful. The aim is to give you, as a tenant in Germany, concrete options so you can safely review back payments and, if necessary, contest unjustified claims.

What is general electricity?

General electricity refers to electricity costs that are centrally billed for communal areas of a building (e.g. stairwell lighting, janitor room). According to the Operating Costs Ordinance (BetrKV), certain items can be allocated as operating costs; whether and how general electricity is permissible depends on the contractual agreement and the specific billing^[1].

How do tenants check a back payment?

Check the statement step by step: look at the billing period, verify that the cost types are correctly listed, compare meter readings (if available) and request the documents in writing. Also request an explanation of the allocation key if it is not clear how costs were distributed.

• Request documents: Ask the landlord in writing for copies of invoices and meter readings.
• Check the allocation key: Request an explanation of how the landlord distributed the general electricity costs.
• Compare meter readings: If there are collective or sub-meters, check the reported values against your records.
• Trace the invoice total: Ensure there are no duplicate or incorrect amounts.

Forms and legal steps

For various steps there are official forms and standardized applications. Important forms include the application for legal aid (Prozesskostenhilfe, PKH) for financial support in proceedings or the complaint to the competent local court if the matter goes to court. For procedural questions the Code of Civil Procedure (ZPO) is relevant^[2].

• Application for legal aid (PKH): Submit when you cannot afford court proceedings; practical example: you want to contest a large back payment but lack funds for a lawyer and court costs.
• Complaint at the local court (complaint form): Used when an agreement with the landlord fails; example: you provided documents but the landlord insists on the claim.
• Payment order / Response: Relevant if the landlord initiates a dunning procedure or you want to contest an unjustified claim.

Practical tips for billing errors

Proceed in a structured way: give the landlord a short deadline to present documents (e.g. 14 days), state in writing which items you dispute, and keep all responses and documents. If the landlord does not respond, you can consider a rent reduction or legal action; the rights arise from §§ 535 ff. BGB and the requirements of the BetrKV^[1].

FAQ

When can general electricity be allocated at all?

General electricity may be allocated if it is agreed as operating costs or arises from the use specified in the rental agreement; check the contract and the statement carefully.

How long can I inspect evidence for electricity costs?

You have a right to inspect invoices and billing documents; request copies in writing and document the request.

How much does a court case against a back payment cost?

Costs depend on the value in dispute; check whether you are eligible for legal aid (PKH) if you cannot afford the costs.

How-To

1. Set a deadline: Write to the landlord with a deadline (e.g. 14 days) to present documents and submit a disputed copy of the statement.
2. Request documents: Ask specifically for invoices, meter readings and the method used to calculate the allocation key.
3. Collect evidence: Make copies, photos of meter readings and keep all correspondence and emails organized.
4. Check objection / PKH: File an objection if necessary and at the same time check whether an application for legal aid is appropriate.
5. Judicial clarification: If no agreement is possible, you can file a complaint at the competent local court; observe the notes on jurisdiction and procedural rules.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) § 535 ff. – gesetze‑im‑internet.de
• Operating Costs Ordinance (BetrKV) – gesetze‑im‑internet.de
• Federal Court of Justice (BGH) – Current Case Law

1. [1] Bürgerliches Gesetzbuch (BGB) § 535 ff. – gesetze‑im‑internet.de
2. [2] Code of Civil Procedure (ZPO) – gesetze‑im‑internet.de
3. [3] Operating Costs Ordinance (BetrKV) – gesetze‑im‑internet.de