Lower Saxony Landlord-Tenant Laws: Complete Guide for Property Owners

Tenancy law in Northern Germany's second-largest state, Lower Saxony (Niedersachsen), is primarily based on the nationwide provisions of the German Civil Code (Bürgerliches Gesetzbuch - BGB). However, the state government has enacted specific tenancy regulations, particularly concerning tight housing markets in cities such as Hanover, Braunschweig, Osnabrück, Göttingen, and Lüneburg.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Tenancy law is subject to constant change. Always consult a licensed attorney in Lower Saxony to clarify specific legal questions. Information last verified: March 2026.

Key Regulations at a Glance

Security Deposits

In Lower Saxony, according to § 551 BGB, the rental security deposit may not exceed three months' net cold rent. The tenant has the right to pay the deposit in up to three equal monthly installments, with the first installment due at the start of the tenancy.

The landlord is obligated to invest the deposit separately from their own assets and in an insolvency-proof manner. After the termination of the tenancy, the deposit must be returned within a reasonable examination period, usually 3 to 6 months.

For more information, see our guide on Security Deposits.

Rent Increases and the Rent Brake

The Lower Saxony Tenant Protection Ordinance (Mieterschutzverordnung) determines which cities and municipalities have a tight housing market. Special regulations apply there:

1. Rent Brake: For new leases, the rent may be a maximum of 10% above the local comparative rent. Exceptions apply to new buildings and comprehensive modernizations.
2. Rent Cap: For existing leases, the rent may only be increased by 15% within three years up to the local comparative rent, instead of the regular 20%.

Cities affected by this ordinance include Hanover, Braunschweig, Oldenburg, and Göttingen, among others.

Detailed regulations can be found in our guide on Rent Increases.

Eviction and Termination

Landlords in Lower Saxony always need a legitimate interest (§ 573 BGB) for a standard termination, such as:

• Personal Need (Eigenbedarf): The landlord needs the apartment for themselves, family members, or members of their household.
• Economic Exploitation: The continuation of the tenancy prevents the landlord from appropriate economic exploitation.
• Significant Breach of Duty: For example, persistent late payments or disturbance of the domestic peace.

The notice periods for landlords are staggered according to the duration of the tenancy: 3 months (up to 5 years tenancy), 6 months (after 5 years), and 9 months (after 8 years). Termination without notice is only permissible if there are important reasons, such as rent arrears of two months' rent.

Read more in our guide to the Eviction Process.

Misappropriation Act

Lower Saxony has enacted the Lower Saxony Misappropriation Act (NZwEWG), which allows municipalities to issue statutes against the misappropriation of living space (e.g., through vacation rentals like Airbnb or prolonged vacancy). This particularly affects regions characterized by tourism, such as Norderney or Borkum, as well as university cities.

Disclosure and Information Obligations

Landlords must provide tenants with certain information, including a valid energy certificate and detailed information about the rent (if exceptions to the rent brake are claimed).

Read more in our guide on Required Disclosures.

Maintenance and Defects

The landlord is obligated to hand over and maintain the rented property in a condition suitable for contractual use. This includes, in particular, a functioning heating, electrical, and plumbing system. In the event of significant defects, such as heating failure in winter or mold infestation, the tenant has the right to a rent reduction.

Details can be found in the guide to Maintenance Obligations.

Simplifying Compliance with Landager

Complying with Lower Saxony's and nationwide tenancy regulations can be complex, especially when ordinances change. Landager helps landlords in Lower Saxony create legally compliant lease agreements, manage security deposits correctly, and keep track of deadlines.

Explore further legal topics in Lower Saxony:

• Security Deposits
• Eviction Process
• Required Disclosures
• Rent Increases
• Lease Requirements
• Maintenance Obligations
• Late Fees