Tenants: Sharing CO2 Costs 2025 in Germany

As a tenant in Germany you may face questions in 2025 about how CO2 costs are divided in the service charge statement. This article clearly explains which rules apply to CO2 levies, how to check the statement and when it makes sense to raise an objection. You get practical steps for inspecting receipts, deadlines for objections and references to relevant legal foundations such as the Civil Code (BGB)^[1] and the Heating Costs Ordinance^[2]. You will also read how to use official forms, which courts are competent and what prospects of success exist in a lawsuit. Concrete sample texts and tips for securing evidence help enforce your claims.

What are CO2 costs in the service charge statement?

CO2 costs are expenses caused by state CO2 levies on energy and can, in some cases, be passed on to tenants. Whether and how landlords may distribute these costs to tenants depends on the contractual agreement and the statutory rules on apportionability in the Operating Costs Ordinance and the provisions on heating cost distributors; civil law principles of tenancy law must also be observed^[1][3].

How can tenants check the statement?

Systematically check the service charge statement and request the associated receipts from the landlord. Pay attention to the allocation keys, consumption values and whether the landlord has correctly distributed the CO2 levy across items.

• Request receipts and secure copies (invoices, reading protocols, levy notices).
• Compare consumption statements: do consumption and readings match your records?
• Check whether the allocation is contractually permitted and which distribution keys were applied.
• Observe deadlines: react promptly if there are inconsistencies.
• File a written objection: state your complaint clearly and demand correction or refund.

Forms, deadlines and courts

There is no uniform federal form for objections to service charge statements; a written objection with proof of receipt is usually sufficient. For court proceedings, the complaint must be prepared according to the rules of the Code of Civil Procedure; the first instance is usually the local court (Amtsgericht), appeals go to the regional court (Landgericht) and further to the Federal Court of Justice (BGH) if necessary^[1][4][5].

FAQ

Can the landlord simply pass on CO2 costs?

Only if the allocation is contractually agreed or the costs are permissible under the Operating Costs Ordinance; check your lease and the individual items.^[3]

Which deadlines apply for an objection?

Object to statements as soon as you discover discrepancies; for landlord claims, the 12-month rules under tenancy law often apply.^[1]

Which court should I contact in case of disputes?

For tenancy disputes, the local court is usually competent; in appeals the regional court is competent and for revisions possibly the Federal Court of Justice.^[5][4]

How-To

1. Request all receipts from the landlord in writing within a short period.
2. Note deadlines and set a reminder to react in time.
3. Draft a precise written objection with date, claim and reasons and send it by registered mail.
4. If the objection fails, consider filing a lawsuit at the competent local court and present your evidence.
5. Seek legal advice or tenant counselling in your municipality if in doubt.

Help and Support / Resources

• Civil Code (BGB) – legal fundamentals
• Heating Costs Ordinance (HeizKV) – billing rules
• Federal Court of Justice (BGH) – case law

1. [1] §§535–580a BGB – Tenancy duties and claims
2. [2] Heating Costs Ordinance – distribution of heating and hot water costs
3. [3] Operating Costs Ordinance (BetrKV) – billable costs
4. [4] Federal Court of Justice – decisions in tenancy law
5. [5] Federal Ministry of Justice – information on courts