Sharing CO2 Costs: Tenant Rights in Germany

As a tenant in Germany, you may face questions about rising CO2 costs in many heating and operating cost statements: who pays which shares, how do legal requirements apply, and what rights do you have if allocation is incorrect? This text explains clearly and practically when landlords may allocate CO2 costs, which sections of tenancy law and the heating cost regulation are relevant, and how you as a tenant can check receipts, file objections or consider a rent reduction. It includes concrete steps for letters to the landlord, information on deadlines and court procedures, and official forms and authorities that resolve cases. Read on to understand your rights.

What are CO2 costs?

Since the introduction of CO2 pricing, certain energy and emissions costs can be included in operating or heating costs. Whether and how much a landlord may pass on depends on tenancy law and the Heating Cost Ordinance. Of particular relevance are the landlord's duty to provide accounts and the limits of allocability under the German Civil Code.^[1]

Legal basis

• Sections of the BGB govern landlord duties and tenant rights (BGB).^[1]
• The Heating Costs Ordinance (HeizKV) sets consumption and billing rules.^[2]
• The Operating Costs Ordinance (BetrKV) lists allocable cost types.^[3]

What tenants should check

Check your statement systematically: do consumption values, allocation keys and any flat rates match? Request missing documents and record all communications in writing.

• Check the billing and documents (document) for CO2 items.
• Request missing documents in writing, e.g. consumption data or form.
• Compare your share based on floor area and consumption (rent).

Act: deadlines, letters, evidence

Once inconsistencies are found, give the landlord a reasonable deadline for correction and request the relevant billing data. Respond within set deadlines, otherwise claims may expire.

• Set a deadline for providing documents (deadline) and keep it in writing.
• Send a formal objection letter to the landlord (form) with supporting documents.
• Prepare documents for possible proceedings at the local court (court).^[4]

If the landlord bills incorrectly, tenants can reduce rent after review, claim refunds or seek judicial clarification. If needed, apply for legal aid or process cost assistance to fund court proceedings.^[5]

FAQ

Can my landlord simply pass CO2 costs on to me?

Only if CO2 costs are legally considered allocable operating or heating costs and the billing was performed correctly. Check allocation keys and consumption values.^[2]

What to do if the bill is unclear?

Request access to the documents, set a deadline for submission and send an informal objection letter to the landlord. Documentation increases chances of success.

Where can I turn if there is a dispute?

Tenancy disputes are usually heard at the local Amtsgericht; appeal instances are the Landgericht and Bundesgerichtshof.^[4]

How-To

1. Check the bill and documents (document) systematically.
2. Request missing evidence in writing (form).
3. Calculate your share based on floor area and consumption (rent).
4. Give the landlord a deadline to correct the bill (deadline).
5. Prepare evidence and a clear claim for potential court (court).
6. Check legal aid or process cost support and submit an application if needed.^[5]

Key notices

The allocation of CO2 costs is subject to formal requirements; landlord flat-rate offers must be transparent in billing. If in doubt, seek legal review.

Help and Support / Resources

• Local courts and jurisdiction information — justiz.de
• Federal Court of Justice — bundesgerichtshof.de
• Laws in the Internet (BGB, HeizKV, BetrKV)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Heizkostenverordnung (HeizKV) — Gesetze im Internet
3. [3] Betriebskostenverordnung (BetrKV) — Gesetze im Internet
4. [4] Information on local courts and jurisdiction — justiz.de
5. [5] Online claim procedure and process cost information — Bundesjustizamt