Tenant Checklist: PV & Mieterstrom in Germany
As a tenant in Germany, you often face decisions when the landlord proposes a photovoltaic (PV) system or tenant power (Mieterstrom) models. Before you sign a contract, you should understand your rights, possible costs, and the specific rules for use and billing. This article explains in plain language which contract clauses are critical, which typical mistakes occur in social housing, and how you can negotiate transparently in large cities. Practical steps, relevant laws and the most important forms are named so you can better assess when inquiries, negotiations or a legal step make sense. The guidance is aimed at tenants without legal expertise across Germany. Read carefully and keep records.
What to check before signing for PV and tenant power
Check in writing what changes the landlord intends: ownership of the system, term, electricity price formula and who pays for maintenance. Look for clear rules on billing and hidden costs in service charges.
- Check contract term and cancellation deadlines (deadline).
- Clarify tenant-power price, billing and possible back payments (payment).
- Define technical responsibility, repairs and maintenance for the PV system (repair).
- Secure access, meter inspection and data protection rules (entry) in writing.
- Collect technical datasheets, warranties and billing documents as evidence (document).
Common mistakes in social housing and how to avoid them
In social housing there are additional funding rules; check whether the system affects subsidy eligibility or the housing entitlement certificate (WBS). Ask in writing whether the PV system will change how service charges are allocated or affect benefit entitlements. If in doubt, contact the responsible housing promotion authority.[3]
Legal basics briefly
Tenancy law in the BGB regulates landlord and tenant duties and rights and is central to questions about use and costs.[1] In disputes, the Code of Civil Procedure governs proceedings before the local court and higher instances.[2] Case law from the Federal Court of Justice can be relevant for fundamental questions.[4]
Forms and templates
- Housing entitlement certificate (WBS): apply if you seek subsidized housing; check whether PV rules change eligibility (WoFG).
- Termination letter - BMJ template: Use official templates for contract termination or asserting rights formally, and document date and delivery (BMJV templates). [5]
If you plan formal steps, note deadlines, request technical documents and set a reasonable deadline for defect remedy. In disputes, the local Amtsgericht is the first instance.
Negotiating in big cities: tips for tenants
In metropolitan areas housing and energy markets are tight. Stay factual, ask for transparent price formulas and request a simulated billing for at least 12 months. Compare tenant-power offers and request several cost estimates.
Frequently Asked Questions
- Can the landlord simply impose tenant power on me?
- No. Changes affecting use or costs must be explained transparently; fundamental use changes require a contractual basis.
- Which authority decides billing disputes?
- Tenancy disputes are usually handled by the local Amtsgericht; appeals go to the Landgericht and, on revision, to the BGH.[4]
- Does a PV system affect my WBS?
- That depends on funding conditions; check the WoFG rules and consult the responsible funding authority.[3]
How-To
- Read the contract fully and mark all deadlines (deadline).
- Request technical datasheets, warranties and billing examples (document).
- Compare proposed tenant-power prices with your previous electricity price (payment).
- For technical or safety defects, lodge a written complaint and set a remedy deadline (repair).
- For unresolved conflicts, consider proceedings at the local Amtsgericht (court). [2]
Help & Support
- BGB: Civil Code – Tenancy §§ 535–580a
- Federal Ministry of Justice and Consumer Protection (BMJV)
- Federal Court of Justice (BGH) – Case law
