Service Charge: Check Communal Electricity - Tenants Germany
Many tenants in Germany feel uncertain about service charge statements, especially when it comes to communal electricity. This guide explains in plain language what communal electricity means, which costs typically arise and how you as a tenant can check your statement. You will find a practical checklist, references to relevant laws such as the BGB and the Betriebskostenverordnung, and concrete steps to ask your landlord for clarification or request receipts. Simple checks and correct documentation often prevent unnecessary payments. The goal is for you to know your rights, spot errors and, if necessary, take formal action without legal expertise. Practical templates and deadlines are explained.
What is communal electricity?
Communal electricity refers to power used for shared areas of a residential complex, for example stairwell lighting, yard lighting or corridor sockets. These costs can usually be passed on to tenants if agreed in the tenancy agreement or the service cost regulations. Landlords must itemise the allocation of service costs in a comprehensible way, especially under the rules of the Betriebskostenverordnung (BetrKV) and the general duties under the BGB.[1][2]
Checklist: Check communal electricity
- Request all receipts and billing documents from the landlord in writing.
- Compare meter readings, invoices and monthly statements with the listed costs.
- Check allocation keys (e.g. by living area or units) and whether the share is plausible.
- Observe legal and contractual deadlines for objections to the statement.
- Object in writing to unclear items and request evidence.
- If no agreement is reached, find out which local district court handles tenancy disputes.[4]
How to proceed formally
Start with a structured request: describe the disputed items, cite specific invoice numbers or billing periods and ask for inspection of original invoices. Refer to your rights under the BGB and to the BetrKV, which regulates which costs are apportionable.[1][2]Keep copies of all letters and responses. Distinguish communal electricity from heating costs, which are subject to the special rules of the Heizkostenverordnung.[3]
FAQ
- What can I do if the landlord does not provide receipts?
- Request the receipts in writing and set a reasonable deadline. If the landlord still refuses to provide them, you may under certain conditions withhold partial payments and consider legal action.
- Do I always have to pay for communal electricity?
- Only if the tenancy agreement or the service charge statement provides for apportionment and the costs are verifiable and comprehensible. Flat or unsubstantiated demands can be challenged.
- Who do I contact in case of a dispute?
- The local district court (Amtsgericht) is responsible for unresolved disputes; many matters can be settled beforehand through a clarifying conversation or written request.
How-To
- Within two weeks, request receipts and an explanation of the statement in writing.
- Check documents: compare meter readings, billing periods and the allocation keys used.
- Formally object in writing to unclear items and ask for correction or explanation.
- If the conflict remains unresolved, consider filing a claim at the competent district court and observe procedural rules.
Help and Support / Resources
- [1] Gesetze im Internet – BGB (German Civil Code)
- [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
- [4] Justiz – Information on local district courts (Amtsgerichte)