General Electricity Backpayments: Tenants in Germany

As a tenant in Germany, backpayments for general electricity can be surprising and burdensome. This article clearly explains when backpayments are permissible, which service charge rules in the BGB and the Operating Costs Regulation apply, how to check statements, meet deadlines and file a formal objection. You will receive practical steps for documentation, template letters for objections and notes on court proceedings before local courts and higher instances. The aim is to give you clear actionable steps so you can avoid or reduce unnecessary payments. The language remains simple, legal terms are explained, and official sources are cited so you can decide whether and when to take legal action. Read on.

What you need to know

"General electricity" often means electricity for common areas (staircase, yard lighting, outdoor sockets) is billed centrally. Whether and how much you must pay proportionally is determined by the contractual clause in the lease and statutory provisions such as the Bürgerliches Gesetzbuch (BGB) §535^[1] and the Operating Costs Regulation (BetrKV)^[2]. Read the statement carefully: are meter readings, allocation key and billing period clearly stated?

Practice: Check and Object

How to systematically check a general electricity backpayment:

• Compare rent and service charges (rent): Does the total match prior years and the contract?
• Collect documents: Request invoices and meter readings from the landlord and compare them with your records.
• Check the allocation key: Does the lease specify distribution by floor area, occupants or another key?
• Observe deadlines: After receiving the statement, you have time limits to review and object (check promptly).

Forms and Templates

There is no single federal template for objecting to a service charge statement, but a simple written objection is sufficient. For court proceedings, the procedure under the Code of Civil Procedure (ZPO)^[1] applies; forms and guidance are available at the competent local court or the justice portal of your federal state. A clear objection should state: address, reference to the statement, specific items you dispute and a deadline for written clarification.

What to do step by step

1. Document: Note receipt date, billing period and obvious discrepancies.
2. Request documents: Ask in writing for invoices and meter readings.
3. Write your objection: Send a clear letter listing disputed items and a deadline.
4. Communicate: Try to reach an agreement with the landlord and record every conversation.
5. Final step: File a lawsuit or seek court assistance if disagreement persists.

Common mistakes and how to avoid them

• Insufficient review: Paying without inquiry increases the risk of unnecessary payment.
• Missing documents: Always request original invoices and compare meter readings.

FAQ

What is general electricity and who pays for it?

General electricity covers communal areas like staircase lighting. Who pays is usually regulated by the lease; otherwise contractual or statutory allocation keys apply.

How long do I have to object?

There is no nationwide statutory period in the BGB for objections; however, review the statement promptly and set a reasonable deadline for clarification.

When is going to the local court advisable?

If the landlord does not provide documents or no agreement is possible, a lawsuit at the local court may be necessary; consider mediation or legal advice first.

How-To

1. Check immediately: Open the statement and note deadlines and conspicuous items.
2. Request evidence: Ask in writing for invoices and meter readings.
3. Formulate objection: Send a clear letter with disputed items and a deadline.
4. Communicate: Try to reach an agreement and document each conversation.
5. Final step: If disagreement persists, file a lawsuit or seek court assistance.

Key takeaways

• Tip: Keep regular meter readings (tip) to support your position.
• Always request invoices: Without them you cannot properly verify charges.
• Act quickly: Timely action protects your rights.

Help and Support / Resources

• BGB §535 — rent obligations (https://www.gesetze-im-internet.de)
• Bundesgerichtshof (court) decisions and guidance (https://www.bundesgerichtshof.de)
• BetrKV — Operating Costs Regulation (law) (https://www.gesetze-im-internet.de)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 – Duties of the landlord (gesetze-im-internet.de)
2. [2] Betriebskostenverordnung (BetrKV) – Operating Costs Regulation (gesetze-im-internet.de)
3. [3] Federal Court of Justice (BGH) – case law on tenancy law (bundesgerichtshof.de)