Tenant Rights for Solar & Mieterstrom in Germany

Many tenants in Germany face questions when a PV system is installed on the roof or Mieterstrom is offered. This article explains in clear language what rights and duties tenants have, how modernization and cost allocation affect you, and what steps to take in disputes with the landlord. The aim is to provide practical guidance: which deadlines to observe, which official rules in the BGB and Betriebskostenverordnung apply, and when a visit to the local court (Amtsgericht) may be necessary. The information is written in accessible terms and points to official authorities, forms and concrete actions to help you enforce your rights successfully in Germany.

Rights and obligations around PV systems and Mieterstrom

In general: installing a photovoltaic (PV) system on the roof is usually the landlord's decision. The landlord regulates use, feed-in and possible sale of Mieterstrom. Tenants are entitled to unchanged residential quality; conversions must not limit the agreed use of the apartment. Legal bases can be found in the German Civil Code (BGB).^[1]

Modernization vs. maintenance

Important is the distinction: Modernization (e.g. energy upgrade through PV) can increase property value and, under certain conditions, justify cost allocation to tenants. Pure maintenance costs must not be presented by the landlord as modernization. Check the landlord's announcement carefully and observe deadlines and form requirements.

• Check announcement deadlines: The landlord must notify modernizations in time (observe deadlines).
• Examine cost allocation: Only certain modernization costs may be allocated (BetrKV regulates details).
• Request written details: Ask for a detailed cost breakdown and technical description (form request possible).
• Documentation: Collect photos, emails, handover records and utility bills.

If uncertain about the legality of a cost allocation, consult an official authority or obtain legal advice; tenants can also go to the local Amtsgericht if litigation becomes necessary.^[3]

Mieterstrom models: what tenants should know

Mieterstrom means electricity from a local PV system is supplied directly to tenants. Key points are contract duration, price formation, termination rights and data protection regarding consumption data. Check whether the offered Mieterstrom is cheaper than your grid tariff and whether the contract auto-renews.

• Review contract terms: price, duration, termination deadlines and price adjustment clauses carefully.
• Obtain comparison offers: Check if the Mieterstrom price is actually cheaper than your current provider.
• Clarify contact points: Who is the provider, who is the landlord, and who handles outages?

For technical failures (e.g., loss of hot water due to system failure) tenants may be entitled to rent reduction; assess the reduction under the BGB and, if relevant, under the HeizKV for heating cost changes.^[1]

What to do in a dispute: step-by-step

If negotiations fail, tenants can proceed formally: set deadlines, issue defect notices, claim rent reduction, and finally sue at the Amtsgericht. It is important to meet deadlines and keep thorough documentation of defects and communications.

1. Set a deadline: Give the landlord a reasonable period to remedy the defect and state a possible rent reduction.
2. Collect evidence: Create a file with photos, invoices, emails and witness statements.
3. Respond formally: Send a formal defect notice and request cost breakdowns or technical documentation.
4. Consider court action: File suit at the competent Amtsgericht if violations persist and follow ZPO procedural rules.

FAQ

Who decides on installing a PV system?

The landlord decides on installation but must consider tenants' residential use and legitimate interests; changes must be announced in writing and justified.

Can modernization costs be immediately passed on to rent?

No, only certain portions of modernization costs may be allocated under the Betriebskostenverordnung and BGB; review the statement carefully.

What can I do if Mieterstrom is more expensive than grid power?

You can terminate the contract if termination rights exist, request price comparisons, and lodge objections against unjustified prices.

How-To

1. Set a deadline: Request the landlord in writing to remedy the issue within a clear deadline and document the sending.
2. Gather records: Compile photos, bills, emails and witness statements.
3. Respond formally: Send a formal defect notice and request cost and technical documentation.
4. File suit: If violations persist, file at the competent Amtsgericht and follow ZPO procedures.

Help and Support

• Gesetze im Internet: View current versions of BGB, BetrKV and HeizKV.
• Bundesgerichtshof: Check relevant case law on tenancy law.
• Local Amtsgericht: Responsible for tenancy lawsuits and eviction cases.

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. - Pflichten des Vermieters
2. [2] Betriebskostenverordnung (BetrKV) - Regulations on allocable costs
3. [3] Federal Court of Justice (BGH) - Case law on tenancy law
4. [4] Code of Civil Procedure (ZPO) - Rules for lawsuits and procedures
5. [5] Heating Costs Ordinance (HeizKV) - Heating cost billing