Tenant Checklist EV Charger Underground Garage Germany
Many tenants in Germany face the question whether a landlord may install an EV charger in the underground garage or pass the costs on to tenants. This text explains clearly and practically what tenants' rights and obligations are, which deadlines apply and which evidence matters. You will receive concrete steps, sample letters for objection or rent reduction, guidance on taking a case to the local court and examples of how courts typically assess disputes. The guide takes into account relevant provisions of the BGB[1], the ZPO[2] and case law examples from the BGH[3].
What tenants should watch
The following points help to prepare a challenge or objection to the installation or cost allocation of an EV charger in a structured way.
- Check deadlines (deadline): submit any objection in writing within the period stated by the landlord.
- Request documents (form): ask the landlord for a detailed breakdown of planned measures and costs.
- Review costs (rent): clarify whether costs count as modernization or as allocable operating costs.
- Collect evidence (evidence): document the garage with photos, keep written offers and emails.
- Consider court action (court): if no agreement is reached, the local court (Amtsgericht) is competent.
Keep all emails and photos as evidence.
Rights and obligations briefly explained
Landlords must maintain the rental property in a condition suitable for contract use; changes beyond maintenance may constitute modernization and trigger special cost allocation rules. Tenants can object to cost allocation if the measure is not necessary or the cost distribution is unreasonable. Many questions are governed by provisions of the German Civil Code (BGB).[1]
Clear documentation increases chances of success in court.
FAQ
- Can the landlord pass the costs for an EV charger on to tenants?
- It depends on the legal classification: if it is modernization, the rules on cost allocation apply; for pure maintenance, allocations are usually not permitted. See the BGB for details.[1]
- Can an EV charger be installed without individual tenants' consent?
- In shared facilities like an underground garage the landlord may plan measures, but individual tenant rights (privacy, usage rights, special use agreements) must be respected; disputed cases are often decided by local courts or the BGH.[3]
How-To
- Document: collect and catalogue photos, offers and correspondence.
- Draft: write an objection with clear justification and request cost evidence.
- Observe deadlines: note any set deadlines and respond in time.
- Seek contact: get legal advice from an official counseling center or tenant association.
- Court action: if necessary, file a claim at the competent local court (Amtsgericht).
Respond to written notices within deadlines to avoid losing rights.
Help and Support
- BGB §535: Duties of the landlord
- ZPO: Code of Civil Procedure
- Federal Court of Justice (BGH) decisions
