Sharing CO2 Costs: Tenant Guide for Germany
As a tenant in Germany, you often wonder who must bear the new CO2 charges and how they appear in the service charge statement. This practical guide explains in plain language which legal bases apply, which billing models are possible and what duties landlords and tenants have. You will learn which deadlines to observe, how to check documents, how additional charges are calculated and which sample forms can be helpful. We name the relevant sections of the BGB and the Heating Cost Ordinance, show when a visit to the local court is sensible and provide concrete steps to document disputes or submit a formal objection. This way tenants keep their rights in view and avoid unnecessary costs.
Rights and obligations regarding CO2 costs
As a rule: cost shifting to tenants is only possible if there is a legal basis or an explicit contractual agreement. The relevant regulations are in the Civil Code (BGB) and in the Heating Cost Ordinance and the Operating Cost Ordinance.[1][2] Whether and how the CO2 levy can be allocated depends on the lease, the specific cost type and the billing modalities.
What may appear in the service charge statement?
- CO2 levy as a separate cost item (payment) in euros, proportionally chargeable to tenants if contractually agreed.
- Consumption-based billing (evidence): readings and measurement reports must be documented.
- Flat-rate billing (form): flat rates must be stated in the lease and explained transparently.
How to check a CO2 back charge
- Check documents (evidence): request copies of the billing basis and meter readings and compare them with your service charge statement.
- Observe deadlines (deadline): raise objections within the usual review and payment periods; note the date of your objection.
- Contact in writing (contact/help): request an explanation from the landlord and document every communication by e-mail or registered mail.
Frequently Asked Questions
- Do I have to pay the CO2 costs as a tenant?
- Only if the lease or a legal provision allows allocation. Check your contract and request documentation of the calculation.
- How do I object to an incorrect bill?
- Send a formal objection to the landlord, submit evidence and set a deadline for correction. Document everything.
- Which court resolves money disputes?
- Minor tenancy disputes are usually heard at the local court (Amtsgericht); higher instances are the regional court and the Federal Court of Justice for legal precedents.[3]
How-To
- Collect all relevant documents: lease, latest service charge statement, meter reading records.
- Check the calculation: compare the stated amounts and ask for the allocation formula (payment).
- Draft a written objection with supporting documents and a deadline (form).
- If no agreement is reached, consider filing a claim at the local court; obtain legal advice if necessary.
Help and Support / Resources
- Civil Code (BGB) – Gesetze im Internet
- Heating Cost Ordinance (HeizKV) – Gesetze im Internet
- Federal Court of Justice (BGH) – Information and decisions
