Tenants: Check District Heating Refunds in Germany
As a tenant in Germany, it is important to know the correct documents and meet deadlines when dealing with district heating refunds. Many billing issues can be clarified by systematically checking the heating bill, contract documents and payment receipts. In this article I explain which documents you should collect, which deadlines apply and how to formally lodge an objection or assert claims. I describe practical steps, refer to relevant rules such as the BGB[1], the Operating Costs Ordinance[2] and the Heating Costs Ordinance[3] and name the courts that can help in disputes. I also show which proofs are useful, how to formulate an objection in time and which court to contact if an agreement with the landlord is not possible.
What to check
Before asserting claims, collect and check these documents systematically:
- The landlord's heating bill showing district heating costs and allocation keys.
- Your tenancy agreement documents, especially provisions on operating and heating costs.
- Receipts and payment records for advance payments and actual payments.
- Communication with the landlord (emails, letters) about the bill or inquiries.
- Technical notes or measurement logs if the issue involves faulty meters or readings.
Deadlines and legal basis
Deadlines for objection and limitation are important: check the bill immediately upon receipt and respond within the deadline stated in the lease or the bill. The legal bases are the Civil Code (BGB) for tenant rights and billing rules[1], the Operating Costs Ordinance (BetrKV)[2] and the Heating Costs Ordinance for distribution and billing of heating costs[3]. For court disputes, the Federal Court of Justice may issue precedent-setting decisions[4].
Practical: How to write an objection
An objection should be clear, brief and supported by evidence. State the bill date, specific items you contest, and attach copies of receipts. Request a corrected bill or an explanation within a deadline (e.g. 14 days).
- Write the letter concisely and date it.
- List contested items numerically and refer to evidence.
- Send the objection by registered mail or documented email.
If the landlord does not respond
If no agreement is reached, you can consider whether a lawsuit at the competent local court is appropriate. Rental disputes are normally handled first by the local court (Amtsgericht); higher-value disputes go to the regional court (Landgericht). Civil procedure (ZPO) governs the proceedings.
FAQ
- By when must I check a heating bill?
- Check the bill immediately on receipt and file a written objection within the period stated in the contract or promptly thereafter.
- Which proofs are important for a refund?
- Important items are payment receipts, previous bills, the tenancy agreement and any written notices about consumption or readings.
- Who decides disputes about district heating bills?
- In case of disagreement, the ordinary courts decide, starting with the competent local court; important legal questions can reach the Federal Court of Justice.
How-To
- Check received heating bill: verify date, billing period and allocation key.
- Collect all evidence: payment receipts, past bills and contract pages.
- Draft objection in writing, name items and attach copies of evidence.
- Set a deadline (e.g. 14 days) and proof of dispatch (registered mail or email receipt).
- If dispute continues, consider filing at the local court and seek legal advice.
Help and Support / Resources
- [1] BGB §§535–580a (gesetze-im-internet.de)
- [2] Operating Costs Ordinance (BetrKV) (gesetze-im-internet.de)
- [3] Heating Costs Ordinance (HeizKV) (gesetze-im-internet.de)
- [4] Federal Court of Justice (bundesgerichtshof.de)