Tenants in Germany: PV, Tenant Power & Heritage
Tenants in Germany face special challenges with photovoltaic systems on their building or with tenant power offers in heritage-listed properties. Misunderstandings often lead to unnecessary costs or conflicts with the landlord. This article explains in plain language which common mistakes to avoid, how to document costs and proofs sensibly, and which official forms or deadlines matter. I present practical steps, name relevant legal bases such as the BGB[1] and authorities, and show when a conversation with the landlord, advice from the local court, or formal objections are useful. The goal is that tenants know their rights and can decide confidently without legal expertise.
What can go wrong?
Heritage-listed buildings often have specific requirements. Without permits, there may be obligations to remove installations or costs that tenants do not have to bear if they are the landlord's responsibility. Common causes of disputes are missing written agreements, unclear cost allocation, and insufficient evidence.
Common mistakes with PV and tenant power
- Missing deadlines for permits or appeals
- Failing to document costs in detail or discarding receipts
- Making important agreements verbally instead of in writing
- Not securing photos and measurement records when defects occur
- Not checking heritage protection requirements before starting work
Costs and evidence: what tenants should collect
Collect all invoices, payment receipts and written agreements. Note the date, issuer and purpose of each expense. For technical problems, secure photos, emails and logs of conversations with craftsmen or the landlord.
- Invoices and receipts for installation, repair or maintenance
- Proofs of billed tenant power or credits
- Photos before and after works and measurement protocols for performance issues
- Written permits, contracts and inspection reports
Forms, deadlines and authorities
For formal complaints, objections or lawsuits deadlines are crucial. Use official forms or template texts where available and submit evidence on time. For legal matters the local court is the competent authority; higher appeals are handled by regional courts and the Federal Court of Justice.
- Termination letters or objections: check templates and deadlines, e.g. templates from the Federal Ministry of Justice[3]
- In disputes: the local court is the first instance; seek early advice[2]
- Observe deadlines for defect notifications and rent reduction
FAQ
- Can the landlord install PV systems on a heritage roof without tenant consent?
- Generally, structural changes often require approval from the heritage authority; tenant consent is only required if the measures affect their use or costs.
- Who pays for repairs to the PV system?
- Typically the landlord is responsible for maintaining the leased property (§ 535 BGB), unless contractually agreed otherwise; clear evidence helps in disputes.[1]
- How can a tenant secure proofs for tenant power billing?
- Proofs include installation invoices, meter readings, operator billing and emails with the landlord; collect copies and take photos of meters.
How-To
- Check all permit deadlines before starting and obtain written clarifications.
- Request written agreements on cost allocation and maintenance responsibility.
- Secure all invoices, photos and meter readings promptly and in order.
- Seek legal advice or help from the local court if you cannot reach an agreement.[2]
Help and Support
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Bundesministerium der Justiz und für Verbraucherschutz (BMJ)
- Bundesgerichtshof (BGH) – Decisions
