Sharing CO2 Costs: Tenants' Rights in Germany
As a tenant in Germany, you often wonder whether and how CO2 costs for heating and hot water may be shared between landlord and tenants. This guide explains the key rules for apportionment, relevant sections of tenancy law and which accounting obligations exist in plain language. I describe how the Heating Costs Ordinance, the Operating Costs Ordinance and the BGB affect distribution, which documents you can demand and which deadlines apply. You will also find a practical checklist, template forms and advice on how to proceed to court or contact the local court. The aim is to show you as a tenant in Germany concrete steps to check extra costs and enforce your rights.
What are CO2 costs?
CO2 costs arise from charges or allocations related to energy consumption. In tenancy relationships, such costs can be part of the heating and operating cost statement if they are contractually or legally permissible[2][3].
In most regions, tenants are entitled to basic habitability standards.
Checklist: Check CO2 costs
- Check the billing period and monthly meter readings.
- Request receipts and invoices from the landlord.
- Compare actual consumption with your apartment history.
- Note deadlines for objections and corrections.
Receipts and meter readings help to substantiate your claims.
Who is responsible?
Disputes about operating costs and CO2 statements are often decided by the local court (Amtsgericht).[4] For legal questions, the BGB[1], the Heating Costs Ordinance[2] and the Operating Costs Ordinance[3] apply.
The local court is usually the first instance for tenancy disputes.
FAQ
- Can the landlord simply pass CO2 costs on to me?
- Only if the costs are contractually agreed to be chargeable and the accounting complies with legal requirements.
- How long do I have to check the statement?
- You should check the statement within the usual timeframes and, if necessary, file an objection within two to three months.
- What documents can I request?
- You can request invoices, contracts with energy suppliers and meter readings to understand the calculation.
How-To
- Gather all past statements and meter readings.
- Request missing receipts from the landlord in writing.
- Compare consumption figures and recalculate.
- If discrepancies remain, send a reasoned objection.
- For ongoing disputes, consider filing a claim at the local court.[4]
