Required Landlord Disclosures in Saxony: Residential Guide

Landlords in Saxony must comply with several mandatory disclosure rules dictated by German federal law and specific regional rent control ordinances. Failing to provide these required documents and notifications to tenants can result in severe fines, the inability to legally charge higher rents, or tenant claims for rent reduction.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Saxony for advice specific to your situation. Information last verified: March 2026.

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. Rent Brake Exemptions (Dresden and Leipzig)

Saxony has imposed the "Rent Brake" (Mietpreisbremse) in Dresden and Leipzig to stabilize housing costs. In these cities, new leases generally cannot exceed the local comparable rent by more than 10%.

However, there are exceptions. If a landlord applies an exception to charge a rent higher than the Rent Brake allows, they must disclose this reason to the tenant spontaneously before the lease is signed (BGB § 556g).

Mandatory disclosures include:

• Prior Rent: Disclosing the exact rent amount paid by the previous tenant, if the landlord is using the "prior rent protection" exception.
• Modernization: Providing proof and details of comprehensive modernization carried out within the last three years.
• New Construction: Stating that the apartment is a new build first occupied after October 1, 2014.

Crucial Note: If the landlord fails to provide this disclosure before the contract is signed, they cannot invoke the exception. They will be limited to the standard 10% cap until two years after the information is finally disclosed.

3. Annual Operating Cost Statement (Betriebskostenabrechnung)

If the tenant pays advance monthly installments for utilities and operating costs (which is standard practice), 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.
• 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 to the tenant).
• 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 the original invoices.

4. CO2 Cost Apportionment

Under the CO2 Cost Apportionment Act (CO2KostAufG) introduced in 2023, the costs for CO2 pricing on heating fuels (like natural gas and oil) are no longer borne entirely by the tenant. They 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, installing an elevator) 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 (fernablesbar). 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%.

How Landager Can Help

Compliance with German disclosure deadlines is unforgiving. Landager provides property managers in Saxony with automated workflows that ensure Energy Certificates are tracked and attached to listings, triggers alerts for the 12-month utility settlement deadline, and provides templates for mandatory Rent Brake disclosures in Dresden and Leipzig.

Back to Saxony Landlord-Tenant Laws Overview.