Smart Meters: Tenant Rights in Germany

As a tenant in Germany, you may have questions when your landlord installs or reads new smart meters, especially in social housing. This article explains your rights regarding cost allocation, data protection, access to the meter, and consumption reporting. You will learn when installation is permissible, what information you can request, and how smart meters can affect utility and heating cost statements. I also show practical steps: how to submit written objections, which deadlines apply, and when a court may become involved. The aim is to give you clear action steps for negotiating with your landlord and to clarify which official authorities and laws are relevant.

Rights and Duties regarding Smart Meters

The legal basis can be found in the German Civil Code (BGB), especially in the provisions on landlord duties, modernization and rent reduction. Changes to consumption measurement affect contract terms and must not be made arbitrarily.^[1]

Installation, Costs and Social Housing

For the installation of smart meters it matters whether it is a modernization or a mere replacement; that determines whether and how costs may be allocated. Special rules for billing heating and consumption costs are set out in the Heating Costs Ordinance.^[2] Social housing may be subject to additional funding or WBS conditions; check your tenancy agreement and the certificate of eligibility for housing.

What Can Tenants Do?

• Send a written objection to the landlord and set a reasonable deadline for a reply.
• Collect photos and meter-read receipts as evidence.
• Contact expert advice or local tenant counseling services.
• For serious disputes, consider whether a lawsuit or interim injunction is appropriate; generally the local court (Amtsgericht) and civil procedure rules apply.^[3]

Forms and Important Templates

Important forms and template letters tenants can use:

• Termination letters (templates) and objection letters; check official guidance from the Federal Ministry of Justice.^[4]
• Applications and information for the certificate of eligibility for housing (WBS) for social housing; official information is available from the Federal Government.^[5]

FAQ

Do I have to accept the installation of a smart meter as a tenant?

Not automatically. Installation may be permissible if it is contractually or legally covered; check whether the measure is a modernization or a replacement and request written clarification from your landlord.^[1]

Who pays for smart meters in social housing?

Whether costs can be passed on depends on the legal classification and contractual agreements. Blanket pass-on is not automatically permitted; check billing rules and whether your WBS status affects support.^[2]

What can I do if I have data protection concerns?

Request information on collected data, retention periods and use; demand technical and organizational details and document your request in writing.

How-To

1. Step 1: Request written information about the planned installation (device type, data frequency, cost allocation) and set a deadline.
2. Step 2: Set and document a response deadline (e.g., 14 days) and keep records.
3. Step 3: Gather evidence such as photos, meter readings and correspondence and create a timeline.
4. Step 4: Seek advice from tenant counseling or the local court to assess options.
5. Step 5: Decide, based on advice, whether mediation, settlement or legal action is appropriate.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB), §§ 535 ff.
• Bundesgerichtshof (BGH) — Decisions and information
• Federal Ministry of Justice (BMJ) — Information

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1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a
2. [2] Heizkostenverordnung (HeizKV)
3. [3] Zivilprozessordnung (ZPO)
4. [4] Federal Ministry of Justice (BMJ)
5. [5] Information on the Certificate of Eligibility for Housing (WBS) (Federal Government)