Tenants: Smart Metering & Backcharges in Germany

As a tenant in Germany, you may often face questions about radio meter readings (smart metering) and possible backcharges on utility bills. This article explains clearly when landlords may claim backcharges, which deadlines apply and how to check documents and meter-reading data. We show which rights arise from the German Civil Code (BGB) and the role of the Heating Cost Ordinance and Operating Costs Regulation so you can respond within deadlines^[1]. You will also learn which proofs are useful, how long to keep receipts, reading logs and meter readings, and what a proper written objection looks like. At the end you will find practical steps for objection, contacting the landlord and, if necessary, filing a lawsuit at the local court^[2].

What is radio meter reading?

Radio meter reading means electronic transmission of consumption data (water, heat, electricity) via radio modules to the metering service or landlord. For tenants, this means values are recorded digitally but may be incorrect or incomplete. Issues around transparency, data protection and billing basis are common. Request reading logs and raw data if something is unclear.

When can the landlord claim backcharges?

Landlords can claim backcharges if the annual statement shows differences between advance payments and actual consumption. Check deadlines: the statement should normally be delivered within twelve months after the billing period ends; if the landlord misses this deadline, backcharges may be barred except for fraudulent intent^[1]. Ask the landlord to justify any backcharge in writing and to explain the calculation.

• Check the deadline: Verify the date of the statement and the billing period start/end.
• Request documents: Ask for reading logs, metering service records and heat supplier invoices.
• Compare amounts: Compare advance payments and the actually billed amounts.

Deadlines and collecting evidence

Documentation is crucial to defend against unjustified backcharges. Note meter readings yourself, photograph reading receipts and save emails and payment records. If the metering service transmits radio readings, request the reading logs with timestamps to check for discrepancies^[3].

• Within the deadline: Object without delay if deadlines are not met.
• Secure evidence: Collect photos, invoices and bank records.
• Use written form: Send objections and requests by registered mail or by email with delivery confirmation.

Formal steps

On receiving a backcharge, proceed methodically: check, document, request evidence and file a timely objection. A formal objection should state the disputed invoice items, request supporting documents and set a deadline for response. If the landlord demands valid amounts, pay only the undisputed portion rather than the full sum.

• Write an objection: Explain which amounts you dispute and why.
• Request evidence: Ask for all reading logs and bills within two weeks.
• Make partial payments: Pay only the acknowledged or undisputed share.

If a dispute arises

If the objection fails, the next step may be court. Tenancy disputes are often heard at the local court (Amtsgericht); higher appeals go to the regional court and the Federal Court of Justice. Before filing a suit, consider a final reminder and alternative dispute resolution. Civil procedure rules (ZPO) apply and proceedings can be costly, so evaluate chances of success and your evidence carefully^[4].

FAQ

Can the landlord demand backcharges based on radio meter readings?

Yes, if the statement is properly justified and submitted within the legal deadline; you can request documents and submit a justified objection.

What deadline applies to backcharges?

The statement should normally be presented to the tenant within twelve months after the billing period; missed deadlines may bar claims unless there was fraudulent intent.

How do I file a formal objection?

Write a short letter explaining the reasons, request documents and set a deadline for reply; send it by registered mail or by email with read receipt.

How-To

1. Check the statement and mark unclear items.
2. Request in writing all reading logs and invoices.
3. File a timely objection naming specific reasons.
4. Pay only undisputed amounts and keep proof of payment.
5. Consider filing suit at the local court if the issue cannot be resolved.

Help and Support

• Gesetze im Internet: BGB
• Heating Cost Ordinance (HeizKV) – Gesetze im Internet
• Operating Costs Regulation (BetrKV) – Gesetze im Internet
• Justizportal: Information on courts

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1. [1] BGB §§535–580a – Gesetze im Internet
2. [2] Information on local courts – Justizportal
3. [3] Heating Cost Ordinance (HeizKV) – Gesetze im Internet
4. [4] Operating Costs Regulation (BetrKV) – Gesetze im Internet