Split CO2 Charges: Tenant Rights in Germany
As a tenant in Germany, CO2 levies can appear in the service charge statement and raise questions about calculation, allocation or legality. This guide explains in plain language which rules apply to the distribution of CO2 costs, which documents you should check and how to formally contest incorrect items. You will receive a practical checklist, advice on deadlines and concrete steps for letters to the landlord and, if necessary, for a lawsuit at the local court. I explain terms simply, name relevant sections of the BGB and refer to operating cost and heating cost regulations so you know which legal bases apply. If necessary, I also describe how and when the local court is competent.
What to do if CO2 charges appear in the statement?
First check whether the CO2 costs were agreed to be charged to tenants at all and whether the statement is transparent and comprehensible. Specifically request supporting documents, such as the breakdown of consumption values, billing period and the calculation method for the CO2 levy.
Important first steps
- Check the rental agreement to see whether CO2 costs are allocable.
- Request a complete statement and the underlying documents from the landlord.
- Collect evidence: meter readings, heating cost data and consumption-related figures.
- Mind deadlines: objections should be made promptly, usually within two to six weeks after receipt of the statement.
- Contact the landlord in writing and document every letter and response.
Legal bases include in particular the rules on operating and heating costs as well as the general provisions of tenancy law in the Civil Code.[1][2][3]
Checklist: Documents and evidence
- Original statement and service charge breakdown for the billing period.
- Consumption evidence (heating and hot water meter readings, supplier billing data).
- Correspondence with the landlord (requests, responses, deadline notices).
- Photos or logs in case of obvious measurement errors or defects.
- Record receipt and deadline dates to avoid missing time limits.
If the landlord does not provide documents or the statement remains unclear, raise a written objection with a deadline for submission. If there is no satisfactory reply, the next step is court action at the competent local court.[4]
Legal remedies: Local court and court proceedings explained
Disputes over service charges and outstanding payments are generally handled by the local court. There you can file a claim for performance or seek a declaratory judgment if it concerns the legality of individual billing items. Civil procedure (ZPO) governs the process and form of the claim; you will usually need documents, statements and a clear presentation of your calculation.
FAQ
- Can the landlord simply pass CO2 levies on to tenants?
- Only if such an allocation is agreed in the tenancy agreement or permitted by law and the levy is allocable under the applicable regulations.
- Which documents should I request?
- Complete service charge statement, consumption data, supplier invoices and an explanation of the CO2 cost calculation.
- What if the landlord does not respond?
- Send a formal objection with a deadline; document further communication and consider bringing the matter before the local court.
How-To
- Check the statement and mark unclear items.
- Request the full supporting documents and calculation details in writing.
- Collect evidence: meter readings, invoices and previous correspondence.
- Set a reasonable deadline for delivery and settlement.
- If disagreement continues, file a claim at the competent local court.
Help and Support / Resources
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Betriebskostenverordnung (BetrKV) - Gesetze im Internet
- Bundesgerichtshof (BGH) - Case law on tenancy
