Tenants: Check District Heating Backcharges in Germany
As a tenant in Germany it is important to check district heating backcharges carefully before you pay. Details are often missing from the service charge statement or the basis for the calculation is unclear. This text explains step by step which documents you may demand, which mandatory details a correct heating cost statement must contain and how to respond to errors, from a formal objection to a claim at the local court.[4] I show which deadlines apply, which evidence is useful and how to collect documents correctly. The language remains practical and clear so that you know your rights as a tenant and can make secure decisions. If necessary I also provide model formulations and refer to the relevant laws.
What tenants should check
Before you pay a backcharge, first check the statement for completeness. Your rights as a tenant are governed by the rules on tenancy, in particular in §§ 535–580a of the BGB.[1] Relevant details are the billing period, consumption data and the basis of the allocation key.
- Statement with full cost breakdown
- Meter readings and reading protocols
- Invoices from the district heating supplier
- Operating cost statement and allocation key
- Proof of applied energy prices and consumption values
Which mandatory details belong in the heating cost statement?
A correct heating cost statement must transparently show how costs were allocated. Pay attention to the following details:
- Total costs and the billed amount
- Breakdown by item (heat, operation, distribution)
- Billing period and timeframes of consumption measurement
- Meter readings and measured data
- Notes on the allocation key and calculation formulas used
How to request documents and file an objection
Request missing documents in writing (email or letter) and set a reasonable deadline. If the statement is unclear or incorrect, you can submit a written objection and withhold payment in whole or in part until clarification, as permitted by law.
- Request complete receipts and invoices from the landlord and set a 14-day deadline.
- Collect evidence: photos of meter readings, copies of previous statements, contracts with suppliers.
- Observe deadlines for objections and document retention; act promptly.
- Send a reasoned objection with the collected evidence if the landlord does not provide clarification.
- If no agreement is reached, consider filing a claim at the competent local court or seek legal assistance.
Frequently Asked Questions
- Can the landlord demand backpayments immediately?
- The landlord can demand backpayments, but the statement must be complete and comprehensible; unclear statements can be contested.
- What deadlines apply for objections?
- There is no uniform objection deadline in tenancy law, but act promptly and set deadlines in your correspondence. Procedural deadlines apply under the ZPO for court proceedings.[4]
- Which laws regulate the statement?
- Basic rules on tenancy are in the BGB (§§ 535–580a), specific requirements for heating cost statements are in the Heating Costs Ordinance and for operating costs in the Operating Costs Ordinance.[1][2][3]
How-To
- First check the received statement for completeness and plausibility.
- Request missing documents from the landlord in writing and document the dispatch.
- Set a deadline (e.g. 14 days) for submission and indicate you will not fully pay until clarification.
- If the landlord does not respond or refuses, send a reasoned objection with the collected documents.
- If no agreement is possible, consider a claim at the competent local court or seek legal advice.
Help and Support / Resources
- Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- Heizkostenverordnung (HeizKV)
- Bundesgerichtshof (BGH) – Decisions on tenancy law
