Smart Meters in Older Buildings: Tenant Rights Germany

Tenants in Germany often face many questions during the smart meter rollout in older buildings: who informs, who pays, and when may the landlord enter the apartment? This article explains in plain language which rights and obligations tenants have, which sections of the BGB are relevant, and how to collect evidence, meet deadlines and, if necessary, file objections. We name official authorities, important forms and practical steps so you as a tenant can recognize your rights in Germany and act in a legally secure way.

What the Smart Meter Rollout Means for Tenants

The nationwide rollout increasingly affects older residential buildings. The obligation to introduce intelligent metering systems follows regulatory requirements from the responsible authorities^[3], while basic tenancy law rules from the BGB still apply^[1]. In short: information duties, access rules and cost questions must be checked with tenant protection in mind.

Rights and Obligations at a Glance

• The landlord must inform in writing and announce access (notice).
• Installation may require entry into the dwelling; appointments must be offered and coordinated (entry).
• Costs: the distinction between modernization and ongoing operating costs determines possible allocation (rent).
• Document meter readings, serial numbers and photos as proof (evidence).

Importantly, whether the installation counts as a modernization under tenancy law (which could allow a modernization charge) or is purely a technical replacement and operating cost issue affects cost allocation. If unclear, consult the relevant statutory provisions and case law^[1][4].

Practical Notes on Access and Data Protection

Technically, smart meters often come with a communication interface; meter data are subject to strict data protection and remote transmission rules. Ask which data the metering operator collects and how long it is stored. Request this information in writing.

Frequently Asked Questions

Can the landlord install a smart meter without my permission?

In principle, the landlord can carry out modernizations, but must inform about type, scope and costs. Whether explicit tenant consent is required depends on the intervention; request written notice in accordance with BGB rules.^[1]

Do I have to pay for installation or operation?

Only if the installation is considered a modernization may a cost allocation be possible; pure operating costs are different. Check the bill carefully and request receipts.^[1]

What happens if I refuse the installation?

A blanket refusal can be risky; it is advisable to file a formal objection, respect deadlines and consider legal aid before escalation.^[2]

How-To

1. Request written information from the landlord and note deadlines (notice).
2. Photograph the old meter, record reading and serial numbers as evidence (evidence).
3. Arrange a specific appointment for installation and request a witness arrangement if needed (entry).
4. Insist on a cost breakdown and check whether a modernization allocation is justified (rent).
5. If no agreement is possible, gather documents and consider legal action under the ZPO; seek advice or PKH information first (court).

Help and Support

• Bundesnetzagentur — Smart Meter Information
• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Bundesgerichtshof (BGH) — Case Law

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesnetzagentur — Smart Meter Rollout Information
4. [4] Bundesgerichtshof (BGH) — Case Law