Smart Meters: Tenant Rights & Costs in Germany

Many tenants in Germany face questions when a landlord wants to install smart meters in an older building: who pays the costs, may the landlord modify the property and what rights do tenants have during modernization? This text explains practically how to document smart meter installation costs, which receipts are important and when you can object to cost allocation. I describe relevant laws, where to turn and which proofs are useful in court in plain language. The tips are aimed at tenants without legal training and show concrete steps to strengthen your position in discussions with the landlord or in a dispute.

What is a Smart Meter and when does it affect tenants?

A smart meter digitally records electricity consumption and can allow remote reading. In older apartments (Altbau) retrofitting can be technically more complex; this can generate installation costs that landlords sometimes classify as modernization or operating costs. Crucial is whether the installation is a modernization under § 555b BGB or an allocable operating cost. The rules of the BGB and the Betriebskostenverordnung are useful for legal assessment.^[1]

Documenting costs: Which receipts you should collect

Collect all documents systematically: invoices, quotes, emails with the landlord and handover records. Note date, time and names of craftsmen or the reading service. Photos before and after installation are especially useful. Keep bank statements that prove payments.

• Invoices from the company with service description and date.
• Quotes and cost estimates, if available.
• Email or written communication with the landlord.
• Photos of the meter room and the installation situation before/after the measure.

When may the landlord allocate costs?

A distinction is made between operating costs, regulated by the Betriebskostenverordnung, and modernization costs, which are assessed differently under the BGB. Allocable are typically ongoing operating costs; investments for modernization can under certain conditions be passed on to the rent, considering tenancy law and §§ 535–580a BGB.^[1] If there is no clear legal basis, tenants can object to allocation and demand evidence.

Formal steps: Objection, deadlines and court

If you consider a cost allocation unlawful, send a written objection, observe deadlines and request receipts. Respond within the time stated in the letter, otherwise the claim may be considered accepted. If the dispute cannot be resolved, tenancy disputes are usually decided at the Amtsgericht; higher instances are the Landgericht and the Federal Court of Justice.^[2]

• Send written objection to the landlord and document receipt.
• Observe deadlines: submit responses or objections within set timeframes.
• Contact local tenant advice or the Amtsgericht if unsure.

Practical templates and official authorities

There is no single federal "smart meter form"; use official templates for termination, rent reduction or objection and refer to concrete invoices and legal provisions. For proceedings, civil complaint forms are available at the competent court and the Amtsgericht is the first point of contact for tenancy disputes.^[1]

FAQ

Who pays for smart meter installation?

It depends on the legal classification: ongoing operating costs are more likely allocable, pure modernization investments are often only partially allocable; check the invoice and legal basis.

Can I object to the installation?

You can raise questions and concerns in writing to the landlord and request technical details; a blanket objection is possible, but concrete reasons are usually required.

Which documents matter in court?

Invoices with service descriptions, photos, emails and bank statements are central; additionally, witness statements or expert reports can be helpful.

How‑to

1. Collect all invoices, emails and photos of the installation site immediately.
2. Request a detailed cost breakdown and legal justification from the landlord in writing.
3. If costs are to be allocated, check whether they qualify as operating costs under the BetrKV.^[3]
4. Set deadlines for replies and document delivery of your letters.
5. If disagreement persists, prepare documents for a claim at the Amtsgericht or seek legal advice.

Key takeaways

• Careful documentation of invoices, photos and communications is essential.
• Distinguish between operating costs and modernization to assess Umlagefähigkeit.

Help and Support

• Federal Ministry of Justice and Consumer Protection
• Gesetze im Internet (BGB, BetrKV, HeizKV)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Bundesgerichtshof (BGH) — bundesgerichtshof.de
3. [3] Betriebskostenverordnung (BetrKV) — Gesetze im Internet