Landlord Tenant Rights: Schleswig-Holstein, Germany

Tenancy in Schleswig-Holstein, Germany's northernmost state, is governed primarily by the German Civil Code (BGB), which has been in effect since 1 January 1900. A unique aspect of the regional law is that it was the very first German state to prematurely abolish the national rent brake (Mietpreisbremse) for new leases in November 2019. Consequently, landlords in cities like Kiel, Lübeck, Flensburg, or popular coastal municipalities can generally set the rent for new leases freely according to the market. However, for existing leases, stricter rules regarding the rent increase cap (Kappungsgrenze) have applied in 62 designated municipalities since May 2024.

Key Regulations in Schleswig-Holstein at a Glance

1. Security Deposits In Schleswig-Holstein, the nationwide rules of the German Civil Code (BGB) apply: The security deposit may not exceed three months of net cold rent. The tenant is legally allowed to pay the deposit in three equal monthly installments. The deposit must be kept separate from the landlord's personal assets and placed in an insolvency-proof account. Any interest earned belongs to the tenant.

For more details, see our guide on Security DepositsPreview unavailable.

2. Rent Increases and Price Caps Since the rent brake (Mietpreisbremse) is no longer applicable in Schleswig-Holstein, there is no statutory upper limit for the rent amount when signing a new lease agreement. However, for existing lease agreements, the following rules apply: * In 62 municipalities with tight housing markets (KappVO SH): The rent may only be increased by a maximum of 15% within three years up to the local comparative rent (instead of the standard 20%). * Affected areas include the independent cities of Kiel, Lübeck, and Flensburg, as well as numerous municipalities in tourism regions on the North and Baltic Seas and in the Hamburg suburban area. * This ordinance came into effect on May 1, 2024 and is valid until April 30, 2029. For more details, see our guide on Rent IncreasesPreview unavailable.

3. Eviction by the Landlord German tenancy law offers strong eviction protection for tenants. Landlords can only terminate an indefinite lease agreement if they have a legitimate interest (BGB § 573). Legal actions for eviction must be initiated at the competent local court (Amtsgericht) of the district where the property is located.

• Personal Need (Eigenbedarf): The landlord needs the apartment for themselves or close relatives (BGB § 573 para. 2 no. 2).
• Significant Breach of Duty: E.g., continuous late rent payments or severe disruption of the house peace (BGB § 573 para. 2 no. 1).
• Economic Utilization: Continuing the lease would prevent reasonable economic utilization of the property (BGB § 573 para. 2 no. 3).

The notice periods depend on the duration of the tenancy: 3 months (up to 5 years), 6 months (5–8 years), 9 months (over 8 years) according to BGB § 573c. In the event of rent arrears of two months' rent, an immediate termination without notice is possible (BGB § 543). For more details, see our guide on the Eviction ProcessPreview unavailable.

4. Required Disclosures When renting out property in Schleswig-Holstein, landlords are subject to various disclosure obligations, including a valid Energy Performance Certificate according to the Building Energy Act (GEG), information regarding the rent index (Mietspiegel), and a cancellation policy for distance contracts (e.g., online rentals). Information about planned modernization measures (BGB § 555c) is also mandatory. Learn more in our guide on Required DisclosuresPreview unavailable.

5. Maintenance and Defects

According to BGB § 535, the landlord must hand over and maintain the rented property in a condition suitable for contractual use. Repairs to the roof, heating, water, and power lines are the landlord's responsibility. Validly agreed small repair clauses (often up to approx. €100–120 per individual case) are permissible. For more details, see our guide on Maintenance ObligationsPreview unavailable.

6. Late Fees and Rent Arrears If the tenant is in default, landlords may charge default interest (5 percentage points above the base interest rate) according to BGB § 288, as well as reasonable dunning fees (a flat rate of approx. €2.50–5.00 starting from the second reminder). "Penalty fees" beyond this are strictly prohibited. Legal disputes regarding arrears are handled by the local court (Amtsgericht). For more details, see our guide on Late FeesPreview unavailable.

Making Compliance Easier

Although the rent brake has been eliminated in Schleswig-Holstein, the interplay of the federal BGB and the new KappVO SH remains complex

Landager helps you keep track of deadlines, rent increase potentials, and security deposits so you always rent in compliance with the law. Explore more compliance topics for Schleswig-Holstein:

• Security DepositsPreview unavailable
• Eviction ProcessPreview unavailable
• Required DisclosuresPreview unavailable
• Rent IncreasesPreview unavailable
• Lease RequirementsPreview unavailable
• Maintenance ObligationsPreview unavailable
• Late FeesPreview unavailable

How Landager Helps

Landager tracks lease terms, overview deadlines, and regional legal updates - making it easy to stay compliant with Schleswig-Holstein regulations