Tenant Rights: Shared Electricity in Germany
As a tenant in Germany you may wonder whether the building's shared electricity can be billed separately or passed on to individual apartments. This text clearly explains tenants' rights and steps: how to check consumption, what information and inspection rights exist, when a separate meter can be requested and how to proceed safely. I name relevant paragraphs such as the BGB and the Operating Costs Ordinance, practical action steps, sample wording for communication with the landlord and notes on procedure before the local court. The goal is that you know your options and can act concretely without requiring legal expertise. The guide also contains notes on documentation, deadlines and possible court steps.
What is shared electricity?
Shared electricity refers to power for communal areas like stairwell lighting, doorbells or corridor sockets. It is often apportioned to tenants as a lump sum or shown in the operating cost statement. Crucial is whether the landlord distributes costs by consumption or by flat rate; legal rules of tenancy law and the Operating Costs Ordinance apply[2], as well as duties from the BGB[1].
Tenants' rights
Tenants have information rights and can inspect records, raise objections and, in certain cases, request separate billing. Practically this means: request records, check allocation keys and document consumption.
- Request written access to meter readings and invoices.
- Check whether costs were calculated correctly under the Operating Costs Ordinance.
- Collect photos, emails and invoices as evidence.
- In disputes: observe deadlines and review legal action at the local court[3].
When to request a separate meter
There is not always an automatic right to an individual meter. If separate measurement is technically possible and fair allocation is achievable, a separate measurement can be requested. Relevant legal bases are the BGB (landlord duties for maintenance and accounting)[1] and the Operating Costs Ordinance for apportionability[2].
Practical steps for tenants
Follow a clear order: check, request, set a deadline, document, and if necessary enforce legally. If in doubt, send a dated written request to the landlord with a deadline and state that you will consider legal action if unanswered.
- Check the latest operating cost statement for individual items for shared electricity.
- Request copies of invoices and proof of payment in writing; set a clear deadline such as 14 days.
- If there are measurement errors or ambiguities, document meter readings and defects with dated photos.
- If no agreement is possible, consider rent reduction or filing a claim at the competent local court; observe the procedural rules of the ZPO.
FAQ
- Can the landlord apportion shared electricity as a lump sum?
- Yes, in principle he can if the costs are agreed as billable operating costs; however the exact accounting must be comprehensible and receipts must be available on request.[2]
- When can I request separate meters?
- A right exists when separate measurement is technically possible and a fair allocation of consumption can be achieved; check cost allocation and contact the landlord first.
- What can I do if the landlord does not respond?
- Document all requests, set a deadline by registered letter and then consider legal steps at the local court or advice from official bodies.
How-To
- Check deadlines in the statement and note relevant data.
- Send a dated informal letter with specific questions and a deadline (e.g., 14 days).
- Collect evidence, photos and possibly witnesses; keep a verification log.
- If necessary, file a claim at the local court after the deadline or request mediation.
Help and Support
- BGB §535 – Duties of the landlord
- Operating Costs Ordinance (BetrKV)
- Justizportal.de – Local court information