Submetering & Back Charges: Tenant Rights in Germany
As a tenant in Germany, a back charge from submetering can come as a surprise. This text clearly explains what submetering means, what obligations landlords have and how you as a tenant can check additional charges. We show which deadlines apply, which documents and receipts you should request and how to formally object. You will also learn when a local court may be involved and which legal bases — such as the BGB[1] and the Operating Costs Ordinance[2] — are important. Practical steps, sample wordings and evidence tips help you enforce your rights without legal jargon. Note meter readings, collect receipts and request a full itemised operating costs statement. Recalculate back charges and observe the twelve-month deadline; if unsure, submit documents to the competent local court or seek legal advice first.
What is submetering?
Submetering means that in a multi-unit building individual meters or submeters are installed for heating, hot water or electricity and landlords use these consumption values for billing. For tenants this means: You may receive not only a proportionate bill but also an individual back charge based on the meters. It is important to check whether the meters were read correctly and the costs were transparently broken down.
Check the back charge
- Record meter readings (record): Compare stated values with your own records.
- Collect all receipts (evidence): Gather readout logs, invoices and maintenance records.
- Calculate the back charge (payment): Check whether the calculation is comprehensible and fairly allocated.
- Check deadlines (deadline): Observe the twelve-month deadline for back charges and response times after receipt of the statement.
Forms and templates
There is no standard official form for objections to operating cost statements; you should submit a written letter. Describe the points you dispute and request concrete evidence (e.g. readout logs). Example: "I object to the operating cost statement dated [date] because the meter readings are not plausibly documented. Please send the readout logs within 14 days."
If a payment lawsuit is imminent, a claim can be filed at your local district court; you can find procedure information and possible forms on the justice portal.
How to document correctly
- Take meter photos (evidence): Photograph meter readings with the date.
- Save correspondence (form): Keep letters and emails organized.
- Check invoices (payment): Compare invoices with previous statements.
FAQ
- What can I do if the statement is unclear?
- Request a full breakdown and the readout logs in writing; file an objection if information is missing.
- How long do I have to object to a back charge?
- Check the twelve-month deadline; respond within the specified deadlines in the statement and document your objection.
- When is the local court responsible?
- If the landlord files suit or the matter requires court decisions on payment or eviction, the local district court is responsible.
How-To
- Document meter readings and take photos.
- Request the full operating cost statement and readout data in writing.
- Recalculate the back charge and ask the landlord for an explanation.
- If necessary, file a claim or response at the district court or seek legal advice.
Key takeaways
- Secure receipts and meter photos as essential evidence.
- Adhere strictly to deadlines, especially the twelve-month rule.
- Submit a clear written objection specifying which items you dispute.
Help & support
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Operating Costs Ordinance (BetrKV) - Gesetze im Internet
- Federal Court of Justice (BGH)