For many tenants, utility bills are the most unwelcome mail of the year. With a new legal amendment, landlords now have greater flexibility in documenting expenses. What does this mean for renters?
Higher Utility Bills and Increased Scrutiny
Every year, tenants receive their utility cost statement, detailing heating and service charges. In the past, some tenants received refunds, but rising heating costs have changed the situation.
According to Deutsche Presseagentur (dpa) in October 2024, almost one in two tenants now faces additional heating costs.
This has made tenants more eager to verify their utility bills. Until now, they had the right to request physical copies of expense receipts from their landlords.
The new legal change directly affects this process.
Landlords Can Now Provide Digital Receipts
Under Section 556 of the German Civil Code (BGB), landlords must provide tenants with all invoices and receipts related to operating costs.
A new amendment effective in 2025 allows landlords to provide these documents digitally instead of on paper.
This decision stems from a legal dispute between a landlord and a tenant, ultimately leading to a ruling by the Frankfurt Regional Court.
Key points of the ruling:
Digital receipts are legally valid if the landlord maintains a paperless office.
Receipts must be complete, accurate, and unaltered.
No difference exists between digital and paper receipts, as long as they remain verifiable.
Criticism from the German Tenants’ Association (DMB)
The German Tenants’ Association (DMB) strongly opposes the law change.
“This amendment does not improve transparency but instead makes it harder for tenants to verify their utility costs,” states DMB on echo24.
DMB warns that transmission errors or data manipulation could mislead tenants, making proper cost verification difficult.
The association argues that paper receipts and digital copies are not equal, as some tenants may struggle with digital documentation.
Legal Requirements for Digital Utility Bills
To prevent abuse, the Frankfurt court set strict criteria for digital receipts:
Complete Information → If documents are incomplete, digital receipts cannot legally replace paper versions.
Integrity & Authenticity → Receipts must be protected from alterations, and their authenticity must be verifiable.
Readability → Documents must be easily accessible without specialized software.
Traceability → The creation, transmission, and storage process must be identifiable.
Long-term Availability → Landlords must store digital records for the legally required retention period.
Data Protection Compliance → Landlords must comply with GDPR, ensuring non-relevant personal data is removed from shared receipts.
What This Means for Tenants
While some landlords may find digital receipts more convenient, tenants now have fewer options to demand physical copies.
Tenants who struggle with digital formats may face challenges verifying costs, especially if landlords fail to meet legal documentation standards.
The law change reflects a broader push for digitalization, but whether it benefits tenants remains debatable.