High electricity bill: 80-year-olds fight against landlords and EVN!

High electricity bill: 80-year-olds fight against landlords and EVN!

An 80-year-old pensioner from Lower Austria, Maria M., is faced with a serious problem after moving in November 2023: her annual current statement, which she received in March 2024, shows a consumption of over 7,500 kWh and costs of over 3000 euros. This unusually high invoice gives rise to concern and discussion about responsibilities in relation to electricity consumption costs.

An electrician found that Maria M.'s electricity meter is not only responsible for her apartment, but also for the outdoor area and the garages. Despite these obvious inconsistencies, the EVN electricity supplier and the landlord do not see the problem of solving the problem. EVN argues that the counter is owned by Ms. M., which means that she is responsible for the high costs. This leads to a stressful Situation for the pensioner.

legal steps and advice

In the current situation, the intervention of Maria's niece, Eva K., could achieve an installment payment with the energy supplier. In view of the high costs, Austria's tenant association recommends submitting a lawsuit for compensation. Maria M. received support from both her niece and the tenant association to reduce her financial burden. However, it is important to note that, according to the statutory limitation period, a lawsuit must be submitted within three years after knowledge of the damage and the injured party, in this case the landlord.

In order to avoid similar situations, experts give some helpful tips. This includes separating unused devices from the power grid, regularly checking the meter stand and comparing your own electricity consumption with that of model households. The consultation of an electrician can also provide information about undetected problems.

background and legal framework conditions

The legal framework is determined in a judgment of the Federal Court of Justice (BGH), which was felled on July 2nd, 2014 (Az. VIII ZR 316/13). In this judgment, the court decided that landlords did not have to pay for the electricity bill of their tenants, even if the tenants do not have a written contract with the electricity provider. This judgment has great practical importance, since cases like that of Maria M. often occur.

In the underlying case, the tenant of a property was affected in a similar way because it had consumed electricity, although there was no written contract. The court found that the use of the electricity concludes a implied contract between the energy supplier and the user (in this case the tenant). This decision creates legal certainty for landlords who do not have to be liable for the electricity consumption of their tenants if they correctly display the contractual termination.

Maria M. and her niece Eva K. are now facing the challenge of legally enforcing their claims and clarifying responsibility for the high electricity costs. The situation illustrates the importance of good communication between tenants, landlords and energy suppliers to avoid misunderstandings and financial conflicts.

for more information, see the articles on Krone , Lawyer Chancellery Wolfratshausen and lto .