Tenant Rights for PV and Tenant Electricity in Germany

Many tenants in Germany face questions when landlords install photovoltaic (PV) systems or tenant electricity models. This guide explains clearly which rights and obligations tenants have, how operating costs and power supply can change, and which deadlines apply. I show how to respond to information letters, whether consent is required, and when a rent increase due to modernization may be permissible. Practical steps help with documentation, communication with the landlord and, if necessary, going to the local court. The goal is that tenants can protect their interests, check costs and make informed decisions without needing legal expertise.

What tenants need to know

Photovoltaic systems on the roof or tenant electricity models change power supply and often billing. Tenants have rights from tenancy law (e.g. §§ 535–580a BGB)^[1], the right to information and protection against unfair cost shifting. The introduction affects consent, modernization costs and whether additional electricity charges are billed as operating costs or separately.

Key rights and duties

• Rent reduction for defects such as heating failure, damp apartments or impaired electricity supply.
• Consent and information: For structural changes, tenant consent may be required.
• Billing: Clarify whether tenant electricity is charged via operating costs or as a separate invoice.
• Legal route: Tenancy disputes are usually heard in local courts, with appeals to higher courts including the BGH.

Forms and deadlines

There are forms and template letters tenants should use. State the date, describe the defect precisely and request a deadline for remedy. Relevant forms and guidance include:

• Termination letter template from the BMJ — Use: when a tenant needs to terminate; example: timely termination due to persistent supply disruption.
• Objection or complaint against operating cost statements — Use: when tenant electricity billing is unclear or incorrect.
• Eviction suit and deadlines under the ZPO — if the landlord seeks enforcement; tenancy disputes frequently go through the local court. Read ZPO deadlines carefully.^[2]

Also note rules on allocating operating costs, such as the Operating Costs Regulation, when electricity costs are to be treated as operating costs.^[3]

FAQ

1. Do I have to consent as a tenant to a PV system on the roof?

No, not always. If the system only changes supply without structural alterations, the landlord may act, but for structural interventions or if your flat is affected, consent may be required.

2. Can the landlord simply allocate tenant electricity costs to operating costs?

Only if a contractual arrangement or legal basis allows it; otherwise costs must be billed transparently and separately where appropriate.

3. What should I do if power supply worsens or fails?

Document outages and defects, inform the landlord in writing and set a reasonable deadline for remedy. If there is no response, legal steps before the local court may follow.

How-To

1. Check deadlines: read letters carefully and note response times.
2. Document issues with photos, meter readings and dates.
3. Contact the landlord in writing and request a clear invoice breakdown.
4. Use template forms for objections or termination and attach evidence.
5. Submit proofs on time and keep copies of all correspondence.
6. If necessary, approach the local court or seek legal advice.

Help and Support

• Federal Ministry of Justice (BMJ) - contact and information
• Gesetze im Internet (BGB, BetrKV, ZPO)
• Federal Court of Justice (BGH) - decisions

1. [1] § 535 BGB - Bürgerliches Gesetzbuch (gesetze-im-internet.de)
2. [2] ZPO - Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Operating Costs Regulation (BetrKV) (gesetze-im-internet.de)