Tenant Guide: EV Chargers in Underground Garages, Germany

Many tenants in Germany wonder if and how an EV charger can be installed in the underground garage and who is liable. This practical guide clearly explains the relevant rights and obligations under tenancy law, how modernizations are classified, which costs may be allocable and which forms or deadlines should be observed. You will find practical examples, step-by-step instructions for discussions with the landlord and guidance on actions in case of disputes, including information on court proceedings before the local court. Keep offers, photos and correspondence and consider legal aid if court proceedings become necessary.

Rights and Duties for Chargers

The installation of a private charger in the rental underground garage touches on several legal areas: contractual provisions in the lease, structural changes and possible modernization measures. In principle, tenants must ask the landlord for consent if structural changes to communal lines or the building fabric are required. Many questions are governed by the German Civil Code (BGB) and case law of the Federal Court of Justice.^[1]

Modernization and Cost Allocation

An EV charger can be considered a modernization if it increases the utility value of the apartment or the facility in the long term. According to § 559 BGB, landlords can, under certain conditions, pass on modernization costs to tenants; this is subject to strict requirements. Tenants should check whether it is a rent increase due to modernization or user-specific costs borne by the individual user.

• Submit a written request to the landlord with technical description and a deadline.
• Collect offers, photos and technical specifications as evidence.
• Clarify cost distribution: check whether costs can be allocated as modernization under § 559 BGB.

Practical Examples

Example 1: A single tenant wants to connect a wallbox at their parking space. If this does not burden communal infrastructure, landlords are more likely to grant consent and leave costs to the tenant. Example 2: If main power lines or structural changes are required, it is more likely to be a modernization with possible allocation effects.

Forms and Templates

There is no uniform "installation form" for chargers, but useful official forms exist:

• Application for legal aid (PKH) for court proceedings if you cannot afford the costs; check the eligibility conditions before applying.
• Written consent request to the landlord with technical data of the system and an offer for installation by a specialist company.
• Documentation: photos, offers and correspondence as evidence in later disputes.

Example: Phrase your request clearly, stating which work is necessary, who will perform the electrical installation and the estimated costs. A practical sentence is: "I request consent to install a wallbox at parking space No. X; attached are technical data and two cost estimates."

FAQ

Can the landlord generally prohibit the installation of a charger?

No, a general prohibition is rarely permissible; however, the landlord can refuse consent for safety or building-law reasons. If there is disagreement, a detailed request and technical reports help.

Who pays installation and operating costs?

It depends on the case: user-specific costs are usually borne by the tenant; major changes to the facility can be considered modernization and may be partially or fully allocable.

What can I do if the landlord does not consent?

Collect evidence, set a deadline for a decision, consider mediation or advice from the local court and consider applying for legal aid for court proceedings.^[2]

How-To

1. Check your lease and inform the landlord in writing about your project with technical details.
2. Set a reasonable deadline for a response (e.g., 4 weeks) and send a written reminder if there is no reaction.
3. Collect offers, inspection reports and photos; keep all contacts in writing.
4. If no agreement is reached, consider legal action before the local court and apply for legal aid if necessary.^[3]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Legal aid (PKH) — Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH) — cases and principles

1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO)
3. [3] Legal aid (PKH) — Federal Ministry of Justice (BMJ)