September 18, 2026, 4:17 am | Read time: 4 minutes
Moving involves numerous changes: not just a new home, but new furniture, new contracts, and new responsibilities. For some, it might initially sound appealing if the landlord wants to dictate the electricity provider. But is that even legally allowed? myHOMEBOOK spoke with a lawyer about this.
Follow myHOMEBOOK on WhatsApp now
In a recent case, the Higher Regional Court of Hamm ruled that specifying an electricity provider is not lawful. This followed a clause in the rental agreements of Deutsche Annington, a subsidiary of Vonovia. The German Tenants’ Association filed a lawsuit because Deutsche Annington presented tenants with an offer for an energy supply contract with Vonovia Energie GmbH along with the rental agreement. The Tenants’ Association argued it was unclear whether signing the rental agreement would automatically create an electricity supply contract.
myHOMEBOOK discussed the extent to which a landlord can dictate an electricity provider with lawyer Nicole Mutschke.
Can the Landlord Dictate the Electricity Provider?
As explained in the ruling of the Higher Regional Court in Hamm, lawyer Mutschke also states: “Tenants in a standard rental apartment can decide for themselves which provider they get their household electricity from. The landlord cannot simply dictate that the tenant must become a customer of the local utility company or a specific other electricity supplier.”
However, she says, there are exceptions. For example, if tenant electricity is offered, it can be presented to tenants as an option for electricity generation.
What Exactly Is Tenant Electricity? Tenant electricity is electricity generated directly in or at the house and then delivered to the tenants. In most cases, this involves solar power directly from the roof. The electricity supplier is usually the landlord, the property owner, an energy supplier, or another service provider.
Must Tenant Electricity Be Accepted?
No, it is not mandatory–at least not in a standard rental agreement. There, the tenant can simply choose the provider that seems most suitable. However, there is also subsidized tenant electricity, as the lawyer explains.
“The so-called subsidized tenant electricity involves solar power for which a tenant electricity surcharge can be paid under the Renewable Energy Sources Act. Special protective regulations for tenants apply to this model.”
Also interesting: What happens to electricity and gas contracts when moving?
The Coupling of Rental and Electricity Contracts
In the case of subsidized tenant electricity, rental and electricity contracts must not be linked. If this happens, both are not automatically invalid, but the electricity contract is. According to the lawyer, this legal coupling ban does not apply to other tenant electricity models. This means that in these cases–as in the case of Deutsche Annington–it depends on how the contract is structured.
“A pre-formulated clause can be invalid if it unreasonably disadvantages the tenant. If only the clause is invalid, the apartment rental contract generally remains in effect,” adds Nicole Mutschke.
What Happens to Electricity and Gas Contracts When You Move?
10 Absurd Rules for Renters
Exceptions Prove the Rule
However, there are some statutory exceptions to subsidized tenant electricity, even if a coupling ban exists. For example, if it involves temporary rental, a furnished room in a property occupied by the landlord, the regulation is different. In such cases, it can indeed be specified. “There are also exceptions for nursing homes and care homes, as well as student dormitories and apprentice homes and certain comparable facilities. In these special cases, the tenant electricity contract can be part of the rental agreement. Switching to another electricity provider is then excluded,” explains Nicole Mutschke.
Also interesting: These 5 energy guzzlers should definitely be turned off at night
What if the Landlord Blocks the Change of Electricity Provider?
If a tenant wants to change their electricity provider, the landlord generally cannot prevent this change. However, if tenant electricity applies, the tenant should send a written request for cooperation to the landlord. The lawyer adds: “After termination, the tenant electricity provider must clarify the necessary formalities with the local network operator. If the change still does not occur, the new electricity provider can handle the necessary data exchange with the involved companies.”