Tenants: PV & Mieterstrom Errors in Germany

As a tenant in Germany you should know which mistakes commonly occur with photovoltaic (PV) and tenant electricity projects in listed buildings. Many tenants underestimate approval obligations, the landlord's consent or how modernization costs can be allocated. Problems arise from missing documentation, unclear agreements on cost allocation or interventions in the building fabric. This article explains in practical terms what rights tenants have, how tenancy law and monument protection interact and which steps you can take now to avoid back payments, disputes or even an eviction lawsuit. You will receive concrete action recommendations, sample phrasing for letters and information about responsible authorities and courts in Germany.

Typical Mistakes and Risks

Conflicts often arise from unclear agreements, missing monument permits or incorrect cost allocation.

• Landlord consent missing — often only agreed verbally instead of in writing (form).
• Costs and allocation unclear: who pays installation, operation and dismantling (rent/payment).
• Interventions in the building fabric without monument approval lead to restoration obligations (repair).
• Missing documentation of measurements, photos and agreements (evidence).
• Deadlines and procedures in disputes are missed; legal proceedings may follow (court).

Legal Basis

Important legal bases are the German Civil Code (Bürgerliches Gesetzbuch, BGB) §§ 535–580a^[1], the Code of Civil Procedure (ZPO) for court proceedings^[2], and the jurisdiction of the local court (Amtsgericht) for tenancy matters; in disputes the local court and, if applicable, the regional court or Federal Court of Justice decide.^[3]

Frequently Asked Questions

Do I need the landlord's consent for a PV system in a listed building?

Yes, usually written consent is required. Additionally, there may be a monument permit; coordinate with the landlord and the monument authority.

Can the landlord pass modernization costs on to the rent?

Parts of modernization costs can under certain conditions be passed on, but observe statutory limits and information obligations.

Where do I resolve disputes about PV and tenant electricity?

Initially at the local court for tenancy matters; on appeal the regional court decides, for precedent cases the Federal Court of Justice.

How-To

1. Contact: Inform landlord and monument authority in writing (form).
2. Collect documents: secure photos, documents, quotes and contracts (evidence).
3. Clarify costs: agree in writing who pays installation, operation and dismantling (rent/payment).
4. Observe deadlines: submit permits and objections in time (calendar).
5. If in dispute: consider filing a claim at the local court and submit required documents file (court).

Help and Support / Resources

• German Civil Code (BGB) §§ 535–580a
• Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) – bundesgerichtshof.de