Landlord Disclosures in Saxony (2026 Guide)

Landlords in Saxony must comply with mandatory disclosure rules dictated by the German Civil Code (BGB), which has governed residential tenancies since its effective date on 1 January 1900, as well as modern federal and state ordinances. While regional rent control measures vary, the legal landscape in major cities like Dresden and Leipzig remains strictly regulated. Failing to provide required documents and notifications to tenants can result in administrative fines or tenant claims for rent reduction and overpayment recovery.

1. Energy Performance Certificate (Energieausweis)

The German Building Energy Act (GEG) places strict energy disclosure requirements on all residential landlords.

Advertising Requirements

When listing an apartment for rent online or in print, the landlord must include specific energy data from a valid Energy Performance Certificate:

• The type of certificate (Energy Demand or Energy Consumption).
• The final energy consumption or demand value in kWh/(m²·a).
• The main energy source for heating (e.g., gas, district heating).
• The building's year of construction.
• The energy efficiency class (A+ to H) for buildings built or certificates issued after May 2014.

Viewing and Handover

The landlord must proactively present the Energy Performance Certificate to prospective tenants during the property viewing. Upon signing the lease, a copy of the certificate must be physically or digitally handed over to the tenant.

Penalty: Failure to provide the energy certificate or missing required information in advertisements can result in administrative fines of up to €10,000.

2. Status of the Rent Brake (Mietpreisbremse)

The Saxon State Government extended the Rent Brake (Mietpreisbremse) in Dresden and Leipzig until 30 June 2027 via the Saxon Rent Limit Ordinance (Sächsische Mietpreisbegrenzungsverordnung). Under this framework, new leases are restricted to 10% above the local comparable rent unless a statutory exception applies.

Disclosure Requirement (BGB § 556g): Landlords in Dresden and Leipzig must inform prospective tenants in text form before the lease is concluded if they intend to charge a rent exceeding the cap based on one of the following exceptions:

• Previous Rent: The rent charged to the previous tenant was already higher than the cap.
• Modernization: The landlord carried out modernization measures in the last three years.
• First Use: The apartment is being rented for the first time after 1 October 2014.

If this disclosure is not provided correctly before signing, the landlord cannot rely on the exception for the first two years of the tenancy. General transparency regarding the local rent index (Mietspiegel) is also required to avoid disputes at the local local courts (Amtsgericht).

3. Annual Operating Cost Statement (Betriebskostenabrechnung)

If the tenant pays advance monthly installments for utilities and operating costs, the landlord has a strict legal obligation to provide a detailed, itemized annual settlement.

• Deadline: The statement must reach the tenant within 12 months after the end of the specified billing period (BGB § 556).
• Consequence: If the landlord misses this 12-month deadline, they forfeit any right to demand a supplementary payment from the tenant for that year (though they must still refund any overpayments).
• Transparency: The statement must clearly detail the total costs, the distribution key used (e.g., square meters or consumption), the tenant's specific share, and the advance payments made. Tenants have the right to inspect original invoices under BGB § 259.

4. CO2 Cost Apportionment

Under the CO2 Cost Apportionment Act (CO2KostAufG) introduced in 2023, the costs for CO2 pricing on heating fuels are split between the landlord and tenant based on the building's energy efficiency.

Landlords must:

• Determine the building's specific CO2 emissions.
• Classify the building into the correct tier of the statutory 10-tier model.
• Transparently disclose the calculation and the landlord's share of the CO2 costs in the annual operating cost statement.

5. Modernization Notices

If a landlord plans to carry out modernization measures (e.g., energetic refurbishments) that will result in a subsequent rent increase, they must formally notify the tenant at least three months before the work begins (BGB § 555c).

The notification must include:

• The exact type and anticipated scope of the measures.
• The expected start date and duration of the work.
• The calculated estimated rent increase.
• The expected future operating costs.
• Information on the tenant's right to claim hardship.

6. Remote Reading of Heating Meters

By the end of 2026, all heating and hot water meters in multi-family homes must be readable remotely. If remote meters are installed, landlords must provide tenants with monthly billing and consumption information for heating and hot water.

Failure to install the meters or provide the consumption information gives the tenant the right to reduce the heating cost portion of their bill by 3%.

7. Drinking Water Ordinance (Trinkwasserverordnung – TrinkwV)

Under § 17 TrinkwV, landlords (as operators of water supply systems) have strict obligations regarding lead pipes:

• Obligation to Remove or Decommission: By 12 January 2026, all drinking water pipes or sections made of lead must have been removed or decommissioned in accordance with generally recognized codes of practice.
• Information Obligation: If landlords become aware of the presence of lead pipes, they are obliged to inform affected tenants immediately. They must also inform tenants when the pipes are likely to be removed as soon as that information is available.
• Proof of Compliance: Since 13 January 2026, landlords are required to declare in text form and provide suitable proof to tenants that they have met the removal/decommissioning obligation or that the deadline has been extended.
• Penalties: Violations of these obligations under § 17 TrinkwV are considered administrative offenses under § 72 TrinkwV and may result in fines of up to €25,000.

How Landager Helps

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