Check Utility Electricity: Tenant Rights in Germany
What is common-area electricity?
Common-area electricity refers to electricity costs for shared spaces like stairwell lighting, corridors or courtyard lighting, and also for garages or laundry rooms. These costs are often allocated to all tenants, either by floor area or as a flat rate. What matters is whether the landlord has clearly regulated the allocation in the lease or house rules and whether the billing is transparent and comprehensible.
How to check the bill?
Check the bill systematically: which items appear, how was the allocation key calculated, and are there invoices or meter readings? Keep evidence ready and note any discrepancies.
- Document meter readings and receipts (document).
- Compare the listed invoices with the original supplier invoices (form).
- Check allocation by floor area or flat rates and recalculate amounts attributable to you (payment).
- Observe deadlines for objections to the bill, typically one year after receipt (calendar).
Formal objection to a back-charge
If you receive a back-charge you consider incorrect for common-area electricity, send a formal objection to the landlord. Specify concrete errors, attach evidence and set a reasonable deadline for a response. Often a clear letter is enough to resolve the issue.
Sample wording for an objection
Include date, billing period and specific points, e.g. missing invoices or incorrect allocation. Request copies of the original invoices and an explanation of the allocation key. Give a 14-day deadline for reply and threaten legal steps only if necessary.
FAQ
- Can a landlord claim common-area electricity retroactively?
- Yes, if the billing is properly documented and the claim is not time-barred. Check documents and allocation basis and file formal objections if needed.[1]
- What deadlines apply to objections to the bill?
- Typically a limitation period of one year after receipt of the bill applies; act quickly if in doubt and observe deadlines.[2]
- Which court handles disputes if the matter cannot be resolved?
- Many tenancy disputes are handled by the local court (Amtsgericht); you can file a claim there or use advisory services beforehand.[3]
How-To
- Collect evidence: invoices, meter readings and the utility statement (document).
- Check the allocation key and recalculate the portion attributable to you (form).
- Write a formal objection with a deadline and request missing documents (payment).
- If the landlord does not reply, consider time limits for further steps such as a payment order or lawsuit (calendar).
- Seek advice from a tenants' association or lawyer if necessary and keep records of all actions (help).
Key Takeaways
- Documentation is the most important basis for any objection.
- Strictly observe deadlines to avoid losing rights.
- Always request copies of original invoices.
Help and Support / Resources
- BGB §§535–580a: Tenancy law provisions
- BetrKV: Ordinance on operating costs
- Justiz: Information on courts in Germany (local courts)