Tenant Rights for PV & Mieterstrom in Germany

Many tenants in Germany face questions about how new photovoltaic systems or tenant electricity models affect rent, additional costs and modernization charges. This article explains in plain language what rights tenants have, when a PV system counts as modernization, how landlords may pass on costs and what negotiation options exist. You will learn which information to request from the landlord, how to review a fair tenant electricity contract and which deadlines for objection or rent reduction apply. Practical steps, relevant legal provisions and forms are listed so you can act confidently in talks with your landlord or in a dispute. The aim is to give you legal clarity in Germany and avoid costly surprises.

What tenants need to know

A rooftop PV system can qualify as a modernization measure if it increases the usability of the apartment or saves energy; landlords may, in certain cases, pass part of the modernization costs onto the rent under §559 BGB.^[1] In addition to the BGB, general tenancy law provisions in §§535–580a BGB apply; disputes are usually decided in the first instance by the local court (Amtsgericht).

Negotiation and review steps

• Within 2 months: Request a full cost breakdown, including installation, inspection and ongoing maintenance costs, in writing from the landlord.
• Notice: Ask for the written modernization notice stating the expected rent increase and the calculation basis.
• Rent: Check whether the proposed pass-through is permissible under §559 BGB and whether subsidies or feed-in tariffs were taken into account.
• Repair: Clarify whether the installation will impair living conditions and whether rent reduction is possible.
• Evidence: Document consumption, meter readings, photos of the construction site and all correspondence.

How tenant electricity works

Tenant electricity models allow solar power from the building's roof to be supplied directly to tenants; billing can be handled separately from the rental contract. It is important to check whether the offered price is competitive compared with the local supplier and what termination or contract duration clauses apply. Often additional regulations and subsidies influence total costs.

If talks fail: Legal steps

If no agreement is reached, tenants can consider objecting to the modernization notice or filing a lawsuit; civil procedure rules under the Civil Procedure Code (ZPO) apply and the local court is typically competent for tenancy matters.^[2] For fundamental legal questions or precedents, higher instances up to the Federal Court of Justice decide.^[3]

• Court: Check deadlines and formal requirements before filing a lawsuit at the competent local court.
• Contact: Seek early legal advice or tenant counseling, especially before court action.

FAQ

Can the landlord install a PV system without tenants' consent?

In most cases yes, if it is a modernization; the landlord must inform tenants and transparently justify any rent increase.^[1]

Must I take tenant electricity from the landlord?

No, tenants are not generally obliged to accept a tenant electricity offer; check price and contract duration carefully.

What can I do if construction severely affects living quality?

You can consider rent reduction and should document impairments; get legal advice if unsure.

How-To

1. Evidence: Gather all relevant documents, photos and meter readings as evidence.
2. Notice: Request written cost proofs and the modernization notice from the landlord.
3. Rent: Review the rent increase calculation and have the numbers checked if necessary.
4. Contact: Arrange a meeting with the landlord and document proposals and results.
5. Court: If necessary, prepare a lawsuit and file it at the local court; observe ZPO deadlines.

Help and Support / Resources

• Gesetze im Internet – BGB & Civil Law
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

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1. [1] BGB §559 Modernization measures
2. [2] Civil Procedure Code (ZPO)
3. [3] Federal Court of Justice (BGH) – Information