Tenant: Check Electricity Backbillings in Germany

As a tenant in Germany, unexpected electricity backbillings can be unsettling. This guide explains in plain language how to check an operating-cost or electricity statement, formally dispute it and observe deadlines. You will learn which documents serve as evidence, when an additional payment claim may be unjustified and how to use official forms correctly. We provide concrete wording for objections, explain relevant legal bases and name contact points such as the competent local court. The aim is to give you clear action steps so you can assert your rights in tenancy law confidently and securely.

What to do about an electricity backbilling?

First, check the statement systematically: Are the billing periods correct, were meter readings taken over correctly and are cost items itemized transparently? Gather all relevant documents so you can substantiate your objection.

• Statements and previous annual statements
• Meter readings (records or dated photos)
• Contracts with the electricity supplier and proofs of payment
• Evidence of consumption changes (e.g. long absences)

Formally dispute: Step by step

If an item seems unclear or incorrect, dispute the statement in writing with the landlord. Specify which items you contest and attach evidence. Provide a calculation example if numbers were copied incorrectly.

1. Set a deadline: Request a written clarification within 14 days.
2. Attach evidence: Include copies of meter readings, payment receipts and earlier statements.
3. Document contact: Note emails, calls and conversation partners with dates.
4. Consider partial payment: Pay only the uncontested amount if the claim is itemized.

Which legal bases matter?

Fundamental rules on the tenancy contract and statements are in the BGB; supplementary provisions on operating costs are governed by the Betriebskostenverordnung.^[1][2]

If deadlines expire or court is necessary

Act promptly: If the dispute cannot be resolved amicably, the final step is clarification before the local court. The Amtsgericht decides tenancy disputes such as additional payment claims or eviction suits.^[3]

Frequently Asked Questions

How long do I have to dispute an electricity backbilling?

Practically, you should respond within a few weeks; for operating-cost statements, a twelve-month period after receipt is often relevant, depending on the case and legal rules.^[1]

Can I refuse payment until the statement is clarified?

You should only pay the uncontested part. A full refusal can have legal disadvantages, so document your objections in writing.

Which forms or template letters exist for objections?

For civil court steps and lawsuits, use the official forms on the justice portal; for objections to statements, a written complaint with evidence is recommended.

How-To

1. Check: Compare the current statement with prior years and the meter readings.
2. Dispute in writing: Send an objection by letter or email and request clarification within a deadline.
3. Secure evidence: Collect photos of meter readings, payment receipts and prior statements.
4. Seek advice: Contact the competent local court or an official counseling service if necessary.^[3]
5. Court step: As a last resort, file a claim at the local court using the official forms.

Key Takeaways

• Document everything: dates, contacts and evidence matter.
• Act promptly to avoid missing deadlines.

Help and Support / Resources

• Gesetze im Internet – Legal texts such as BGB, BetrKV and HeizKV
• Justice Portal of the Federal States – Information on courts and forms
• Federal Court of Justice – Case law on tenancy law

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Gesetze im Internet: Betriebskostenverordnung (BetrKV)
3. [3] Justizportal des Bundes und der Länder: Information on courts
4. [4] Gesetze im Internet: Heizkostenverordnung (HeizKV)