Tenants: Check Smart Meters in Germany

Tenants in Germany often face many questions when a smart meter is installed: What can the landlord do without consent? What data protection and access rights do I have as a tenant? This article explains in plain language how to check smart meters on site and contractually, which legal bases apply and which official forms you may need in a dispute. You will find practical examples, template letters and a step-by-step guide on how to enforce rights or prepare for court proceedings. The goal is to give you, as a tenant, clear, safe steps so that technical changes do not become a disadvantage.

What is a Smart Meter and why does it affect tenants?

A smart meter is a digital device for measuring electricity consumption and generation. Landlords can have a smart meter installed if it is technically or legally required; nevertheless tenants have protection rights regarding access, data protection and operating costs. Always check whether the installation counts as modernization and whether costs may be passed on to you.

Tenants' rights regarding smart meters

As a tenant you have several rights: the right to information, protection of personal data, participation in cases of significant interference and deadlines for installation notices. The basis is provisions in tenancy law and procedural rules.^[1]

Concrete checklist

• Check the written notice of installation for deadline information and justification.
• Clarify whether access to the apartment is required and arrange an appointment.
• Request information on data protection and data transmission.
• Ask whether and which costs are to be allocated as modernization costs.

Forms and legal steps (practical examples)

Important forms and templates are useful for tenants, for example a sample letter to request information or applications in court proceedings. Examples:

• Termination protection/response letter to the landlord (sample letter to request information): when to use and example text.
• Application for legal aid (PKH) in court: when needed, a short filled example and note on deadlines.^[2]
• Filing a claim at the local court (rental dispute, eviction claim): brief guide, form hints and typical procedure.^[2]

Technical on-site checks

Request an appointment, take photos of the meter reading and the device type, and note time and present persons. Ask for manufacturer and model numbers, encryption standards and whether consumption data are pseudonymized.

• Take a photo of the meter and the type label and note date/time.
• If there are technical defects, demand written remediation and set a deadline.
• Within which timeframe must the landlord respond? Set a clear deadline in the letter.

Data protection and consumption data

Consumption data are personal if they can be associated with a person. Ask which data are stored, how long they are retained and to whom they are transmitted. Assert your right to information and request records of data processing.

Disputes: How courts decide

If information is denied, data are processed unlawfully or costs are unjustly allocated, tenants can sue at the local court. Refer to the relevant BGB provisions and procedural rules in your claims.^[1][2]

Frequently asked questions

Can the landlord install a smart meter without my consent?

In principle, the landlord may carry out modernization measures, but for significant interventions or cost allocation, formalities and co-determination rights must be observed.^[1]

May the landlord view my consumption data?

Only insofar as permitted by data protection law and technically necessary; personal data are subject to special protections.

What deadlines apply if I report defects?

Report defects immediately in writing; set a reasonable deadline for the landlord to remedy and document everything.

How-To

1. Step 1: Request written notice of the installation and reasons from the landlord.
2. Step 2: Document on site by photographing, recording the meter reading and noting the device type.
3. Step 3: Request data protection information and file an objection if necessary.
4. Step 4: If no response, involve a lawyer or the local court; consider applying for legal aid (PKH).^[2]

Key Takeaways

• Tenants have a right to information and protection of their consumption data.
• Good documentation strengthens your position in negotiations or court.

Help and Support / Resources

• Hotline Federal Network Agency – Smart meter information.
• Hotline Federal Ministry of Justice – Legal information on tenancy law.
• Hotline Federal Court of Justice – Information on court decisions in tenancy law.

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesnetzagentur — Smart Meter Information
4. [4] Federal Court of Justice (BGH) — Decisions