Hamburg Rent Late Fees: Rules on Default Interest and Reminder Costs

Germany has no fixed statutory "late fee" rate for residential tenancies, but landlords have two avenues for recovering the costs of a missed or late rent payment: statutory default interest and reminder letter fees. Understanding what is legally recoverable — and what courts will strike down — is essential for Hamburg landlords.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Charging unauthorized fees or improperly drafted lease clauses can expose landlords to legal liability. Always consult a qualified attorney in Hamburg. Information last verified: March 2026.

When Does Default Begin?

Rent is due and payable by the third working day of each rent period (typically the month) under § 556b BGB — unless the lease specifies a different date. Importantly, Saturday does not count as a working day for this purpose.

Unlike in some countries, the landlord does not need to send a reminder or demand letter for default to begin. Once the third working day passes without payment, the tenant is legally in default (Verzug) automatically.

Statutory Default Interest (§ 288 BGB)

Once a tenant is in default, the landlord is entitled to charge statutory default interest on the overdue amount:

• Rate: 5 percentage points above the base interest rate (Basiszinssatz) set by the German Federal Bank (Deutsche Bundesbank).
• The base rate fluctuates semi-annually (January 1 and July 1 each year).
• Practical example: If the base rate is 2.62% (as of early 2026), default interest for a residential tenancy is approximately 7.62% per annum on the overdue rent.

This interest runs day by day from the day after default begins until the debt is fully paid.

Reminder Letter Fees (Mahngebühren)

While sending a formal reminder letter (Mahnung) is not legally required to trigger default, many Hamburg landlords do so as a practical step before considering extraordinary termination. The question is: what can you charge for it?

Standard-form clauses in lease agreements specifying reminder fees are strictly scrutinized by courts:

• Fees of €2.50 to €5.00 per reminder letter are generally accepted as representing actual administrative costs (postage, paper, brief handling time).
• Fees of €10, €15, or €25 per reminder that appear in some older standard lease forms are routinely struck down as unlawful penalty clauses.
• Personal and administrative labor costs of the landlord or property manager cannot be charged to a residential tenant under standard-form clauses.

Extraordinary Termination for Rent Arrears

Late fees and default interest are minor tools. The major consequence of unpaid rent is the landlord's right to immediate extraordinary termination (fristlose Kündigung):

After extraordinary termination, the landlord must still go to court for an eviction order if the tenant does not voluntarily vacate. See our Eviction Process guide for the full procedure.

Tenant's Right to Cure (Schonfristzahlung)

For residential tenancies only, if a tenant pays all outstanding rent arrears (including any accrued interest) within two months of being officially served with the court's eviction lawsuit, the extraordinary termination is automatically rendered void. Many Hamburg landlords are advised to simultaneously issue both an extraordinary and an ordinary termination (as a backup) in the same notice letter.

Best Practices for Hamburg Landlords

1. Document all late payments with timestamps and bank statements.
2. Send reminder letters in writing (email or post) — even though not legally required, they build your paper trail.
3. Charge only legally defensible fees — don't rely on excessive flat fees in old lease templates.
4. Act promptly at the two-month threshold — the right to an extraordinary termination is time-sensitive.

Landager automatically flags late payments on the day after the due date and tracks the accumulation toward the two-month extraordinary termination threshold — giving Hamburg landlords the data they need to act at the right moment.

Back to Hamburg Landlord-Tenant Laws Overview.