Required Landlord Disclosures in Bremen: EPCs and Rent Control

Federal and local laws—primarily the German Civil Code (Bürgerliches Gesetzbuch – BGB), which came into force on 1 January 1900, and the Building Energy Act (Gebäudeenergiegesetz – GEG), effective since 1 November 2020—require landlords in Bremen to disclose specific pieces of information to prospective and current tenants. Failure to provide mandatory disclosures—particularly those surrounding energy efficiency and rent control caps—can result in severe fines or prompt retroactive rent reclamations by the tenant.

Legal DisclaimerThis guide provides general legal information. Lease laws can change. Always consult a licensed notary or lawyer in this region.

Overview of Mandatory Disclosures

Energy Performance Certificate (Energieausweis)

Under the federal Building Energy Act (GEG), revealing the property's energy data is strictly mandatory when renting, leasing, or selling a property.

• During Viewings: The EPC must be clearly presented to prospective tenants during the property viewing without them having to ask for it.
• Lease Signing: A copy (or the original) of the certificate must physically be handed to the tenant at the time the lease is signed.
• Advertisement: main metrics—including the energy efficiency class, end energy consumption/demand, the main heating fuel, and the building's age—must be included in any real estate listing.
• Penalties: Failure to provide an EPC or including false information can yield fines of up to €10,000.

Rent Brake Disclosures (City of Bremen Only)

Because the City of Bremen enforces the local Rent Brake (Mietpreisbremse), landlords face strict disclosure requirements when applying an exemption to surpass the cap.

Under § 556g BGB, if a landlord intends to ask for rent that exceeds 10% above the local comparative rent (ortsübliche Vergleichsmiete), they must provide unsolicited disclosure in text form before the tenant submits their contractual declaration regarding their justification:

• High Previous Rent: The rent charged to the immediate previous tenant was already above the rent brake limit (Grandfathering clause).
• Significant Modernization: Modernization measures were carried out within the last three years that justify a higher baseline.
• New Construction: The apartment was built and utilized for the very first time after October 1, 2014.

Critical Warning: If a landlord fails to provide the required disclosure in the prescribed form before the tenant's declaration, they cannot rely on the exception. If the disclosure is provided late in the correct form, the landlord can only rely on the exception two years after the disclosure is made (§ 556g Abs. 1a BGB). Furthermore, if the tenant's complaint is made more than 30 months after the start of the tenancy, they can only reclaim excess rent that became due after the complaint was received (§ 556g Abs. 2 BGB).

Evidencing Rent Increases

When enacting an ordinary rent increase during an ongoing tenancy, a landlord must provide formal justification regarding why the new rent reflects the local market baseline.

Disclosures can include:

• A reference to the Qualified Rent Index (Mietspiegel). The city of Bremen published its first qualified index in January 2024.
• Reference data from at least three comparable apartments.
• An assessment by a sworn expert (Sachverständigengutachten).

Operating Costs (Betriebskostenabrechnung)

If the tenant pays monthly utility prepayments, the landlord is legally required to provide a transparent and itemized annual reconciliation statement.

• Deadline: The statement must be delivered no later than 12 months after the close of the billing period.
• Consequence of Delay: If the landlord misses the 12-month disclosure deadline, they lose the legal right to demand any additional underpayments from the tenant.

Additional Informational Duties

• Cosmetic Repairs: If the landlord requires the tenant to manage cosmetic repairs (Schönheitsreparaturen), the exact parameters must be disclosed clearly in the lease text without using illegal "rigid timelines."
• House Rules (Hausordnung): Building rules regarding noise, cleaning rotas, and communal areas must be provided and signed alongside the contract.

Disputes and Jurisdiction

Legal disputes regarding mandatory disclosures, EPC violations, or rent brake justifications fall under the exclusive jurisdiction of the District Court (Amtsgericht) in the district where the rental property is located (§ 29a ZPO). For properties within the city, this is typically the Amtsgericht Bremen.

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