Submetering: Tenant Rights in Germany

Many tenants in Germany now have individual meters (submetering) for heating or hot water, but back payments can be unexpectedly high. This guide explains in plain language what rights tenants have, which billing rules apply, and how to check, dispute, or respond to a demand for payment within deadlines. We show which documents to request, which time limits apply, and when going to the local court may be appropriate. The information helps you spot errors in the service charge statement, meet your obligations, and avoid unnecessary costs without requiring legal expertise.

What is submetering and why does it lead to back payments?

Submetering means individual consumption units within a building are measured separately. That can seem fairer but also introduces billing errors and back charges. If measurement is incorrect or allocation is wrong, tenants can be billed retroactively. Therefore check meter readings, billing periods, and calculation methods.

Important rights and obligations for tenants

• Request invoices and reading logs (payment): ask for access to bills, reading lists, and contracts.
• Document meter readings and receipts (evidence): take photos and record reading dates immediately.
• Watch deadlines (within|days): objections to a bill should be made promptly; check applicable time limits.
• Use template letters and forms (form): send written objections to the landlord with proof of delivery.
• In disputes the local court may have jurisdiction (court): rental disputes are often heard at the Amtsgericht.

Practical checks for back payment demands

Check systematically: Do billing period and meter readings match? Were advance payments credited correctly? Is the allocation key understandable? Do consumption values match comparable periods? Errors can come from rounding, wrong allocation, or typing mistakes. Ask for a clear cost breakdown and proof of meter readings by a third party if needed.

How to formally object and, if necessary, sue

1. Step 1: Request all documents in writing promptly (form): draft an objection and send it by registered mail with return receipt.
2. Step 2: Gather evidence (evidence): compile photos of meters, reading logs, and previous bills.
3. Step 3: Seek advice (call): contact tenant advice or legal counsel before paying.
4. Step 4: If necessary, file a lawsuit (court): file a claim at the competent local court after assessing costs and prospects.

FAQ

Can a landlord demand payment later because of submetering?

Yes, if the bill is correct and deadlines were met; check documents and objection rights carefully.^[1]

What deadlines apply for objecting to a service charge statement?

You should react promptly in general; formal time limits depend on the case and the law, see § 195 ff. BGB and the specific bill.^[1]

Which laws regulate submetering and heating-cost billing?

Key rules include the BGB, the Heating Costs Ordinance, and the Operating Costs Ordinance, which clarify duties, billing methods, and deadlines.^[2]

How-To

1. Step 1: Check the bill for plausibility and compare meter readings with your photos (evidence).
2. Step 2: Request records in writing and ask for a clear calculation (form).
3. Step 3: Seek advice early, for example tenant counseling or legal help (call).
4. Step 4: File a claim at the local court if errors are confirmed (court).

Key Takeaways

• Documentation is crucial when disputing back payments.
• Request written evidence and keep copies.

Help and Support

• BGB online (law) – gesetze-im-internet.de provides the civil code texts.
• Heating Costs Ordinance (forms) – official regulation texts are available online.
• Information on civil procedure (court) and competent courts via official justice portals.

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Heizkostenverordnung (HeizKV)
3. [3] Betriebskostenverordnung (BetrKV)
4. [4] Zivilprozessordnung (ZPO) – Court procedures