Are water clocks compulsory?

Our water consumption is increasing continuously. It is caused by the changed lifestyle, which manifests itself in frequent showers, the furnishing of bathrooms in living room quality or the use of inflatable swimming pools.

Installation of water meters is voluntary

• Even after the rental law reform of 2001, you as a landlord are not obliged to install water meters to record your tenant's consumption.
• In this case you have to use the living space as the conversion scale.
• It is not permitted to record the number of people in the tenant's apartment. Don't assume that three people are three times as much water consume like one. In this respect, the law in § 556 a BGB is clearly based on the living space and does not allow any alternative. The law obviously accepts that this can lead to injustices in the relationship between tenants.

Tenant is allowed to act himself

• The individual tenant can rectify this injustice by having a cold water meter installed in his rented apartment at his own expense. As a landlord, you cannot object to the installation.


Tenancy law - information on the water meter

According to § 2 No. 2 Operating Costs Ordinance, the costs of the water supply belong to ...

• After installation, you are obliged to record and bill the water consumption for this tenant's apartment based on consumption. Make sure that the water meter is secured against manipulation.

Installation creates an obligation to bill based on consumption

• If water meters are installed, however, you are obliged to use them and to record the consumption of each individual tenant (§ 556a I BGB).
• If you retrofit water meters yourself, you can use an older conflicting agreement change unilaterally and explain to the tenant that you will record the water costs in future based on consumption will. The change is only allowed at the beginning of the next billing period. If a flat rent was previously agreed, you have to deduct the water costs.
• If you install a cold water meter, it is a value-enhancing modernization measure that the tenant has to put up with. The installation costs are not part of the operating costs. Only the expenses for checking, calibration and maintenance costs count as apportionable operating costs.
• You are not obliged to split the water costs to be charged to the tenant into consumption costs and the costs for drainage.