Tenants: Share CO2 Costs Legally in Germany

As a tenant in Germany, you often wonder whether and how CO2 costs may be split in the operating cost statement. This text explains in clear language which legal bases in the BGB and the Heating Costs Ordinance apply, when apportionment is permissible and which evidence your landlord must provide. You will receive practical steps for checking the statement, guidance on official forms, and tips on how to act in case of errors, including deadlines and possible court steps before the local court. We show which documents help (e.g. consumption data, heating cost statements), how to meet deadlines and when free advice from authorities is useful.

What applies legally?

The central legal basis for tenancy relationships is the German Civil Code (BGB).^[1] For the distribution of heating and CO2 costs, the Heating Costs Ordinance is decisive.^[2] It is crucial whether the rental agreement contains a valid allocation clause and whether the billing is transparent and comprehensible.

When may CO2 be apportioned?

CO2 costs may only be passed on to tenants if the rental agreement or a statutory provision provides for this and the billing clearly distinguishes which costs are being passed on. Check whether your landlord discloses consumption values, distribution keys and calculations.

• Check the statement for comprehensible CO2 items and calculation bases.
• Compare consumption data with your meters and previous statements.
• Request missing evidence from the landlord in writing.

Forms and evidence

There is no uniform private template for objections, but structured letters and evidence help in a dispute. Useful are:

• Objection letter / form: An informal letter in which you object to the statement and request documents; example: "Objection to operating cost statement" with date and specific points.
• Filing a lawsuit (for eviction or payment claim): The lawsuit is filed according to the rules of the Code of Civil Procedure (ZPO); state the amount, the reasoning and attach evidence.
• Evidence: Attach heating cost statements, consumption data, meter readings and correspondence as copies.

What to do in case of an incorrect bill?

Act in a structured way: Object in writing, set a deadline for correction, and prepare complete documentation. If the landlord does not respond or refuses correction, you may withhold payment only to the extent permitted and, if necessary, consider legal action.

• Write a formal objection with a deadline and evidence.
• Contact the relevant consumer advisory service or the local court for guidance on the procedure.
• In case of dispute, possibly file a lawsuit at the local court; higher instances are the regional court and the Federal Court of Justice.^[3]

FAQ

May my landlord pass CO2 costs on to me as a flat rate?

Only if this is contractually agreed or a statutory basis exists; the billing must be transparent.

How long do I have to file an objection?

Act quickly: Set a deadline of about 14 to 30 days, depending on the case and the deadlines in your rental agreement.

Where can I turn if I am unsure?

Seek free advice from your consumer advice center or inform the local court about possible steps.

How-To

1. Collect all relevant evidence: statements, meter readings and correspondence.
2. Check the items for plausibility and calculation errors.
3. Draft a written objection with specific points and a deadline (e.g. 14 days).
4. Send the objection by registered mail or verifiable e-mail and document the dispatch.
5. If no agreement is reached: consider court options at the local court and prepare a complaint.

Help and Support

• BGB legal text
• Heating Costs Ordinance
• Federal Court of Justice (BGH)

1. [1] BGB §§535–580a — Gesetze im Internet
2. [2] Heating Costs Ordinance — Gesetze im Internet
3. [3] Federal Court of Justice — bundesgerichtshof.de