Tenant Rights: PV & Mieterstrom in Germany
More and more older buildings in Germany are being fitted with photovoltaic systems or tenant electricity models. As a tenant, you should understand the effects that installation, operation and cost allocation can have on your rental agreement. This guide explains in plain language what rights and obligations tenants have, how consent and cost allocation are reviewed, and what steps are sensible in case of disruptions, maintenance or changes to the energy offer. The aim is that you, as a tenant, are treated fairly in negotiations, keep full documentation and know when legal help is necessary. References to important paragraphs and competent courts are linked at the end of the text.[1]
What does PV & Mieterstrom mean for tenants?
PV systems on the roof generate electricity that landlords can use themselves or sell as tenant electricity to residents. For tenants, this often means new bills, possible savings, but also construction work on the building and technical changes to the rental property. Under the Civil Code (BGB), landlords have the maintenance obligation, and modernizations must be announced and can affect the rent.[1]
What tenants should pay attention to
- Check contract changes and request a written form (form) before consenting.
- Clarify whether extra costs are billed as rent or as operating costs (rent/payment).
- Installation & repairs: Who bears repair/maintenance costs and what are the warranty terms?
- Arrangements for access and installation times: Agree clear entry/inspect times to protect privacy.
How tenants negotiate effectively
- Collect documents: lease, utility bills, notices and photos of affected areas (record/document).
- Request a written offer and clear forms with price details and terms (form/notice).
- Negotiate cost sharing: ask for transparent invoices, comparative calculations and possibly a rent reduction for disturbances (rent/payment).
- If necessary: observe deadlines and enforce rights at the local court; collect evidence of faults and communicate deadlines in writing (court/hearing).
Common disputes and model solutions
Frequently the question is whether tenant electricity benefits tenants or whether costs are unfairly distributed. Proposals include flat rates, clearly separated operating cost items, or time-limited trials of the tenant electricity model. If use is technically disruptive (e.g., access to communal areas), tenants can set a deadline for remedy and consider rent reduction if not remedied.[1]
FAQ
- Who decides on the installation of a PV system on the roof?
- In principle the owner decides; tenants must, however, be informed about significant access or usage changes and have rights in case of impairments.
- Can landlords pass tenant electricity costs on to the rent?
- Costs for the system as modernization can be passed on within certain limits; the specific billing of tenant electricity must be transparent and must not unfairly disadvantage tenants.[1]
- Who do I contact in a legal dispute?
- Local court (Amtsgericht) is responsible for tenancy disputes in the first instance; for higher legal questions the case can reach the regional court or the BGH.[2]
How-To
- Inform: Read the notice and mark deadlines and demands (record/document).
- Request: Ask for written offers and forms (form/notice).
- Compare: Have cost breakdowns reviewed and request transparent billing (rent/payment).
- Act: Set deadlines, document defects and consider legal action at the local court if necessary (court/hearing).
Key takeaways
- Document everything to support negotiations or court actions.
- Ask for clear rules on access, repairs and cost sharing.
- Contact advice services or the Amtsgericht early if deadlines approach.
Help and Support
- Gesetze im Internet – BGB §§535–580a
- Bundesgerichtshof – Case law on tenancy
- Federal Ministry of Justice and Consumer Protection – Service
