Thuringia Late Fees and Rent Arrears: Rules for Landlords

Governed by the German Civil Code (BGB), which has been in effect since 1 January 1900, Thuringia landlords must follow the uniform federal framework for rent arrears. Unlike many English-speaking countries, Germany does not permit landlords to charge punitive flat-rate late fees on residential tenancies; only actual proven loss — expressed through statutory default interest and verified reminder costs — may be claimed when a tenant pays late.

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

When Is the Tenant in Default?

Rent is due at the beginning of the period, at the latest by the third working day pursuant to § 556b Abs. 1 BGB.

• Saturday Rule: For the purpose of calculating the third working day, Saturdays are not counted as working days (BGH, VIII ZR 291/09).
• Invalid Clauses: Contractual clauses in residential leases that require rent to be paid earlier than the third working day or that make the timeliness of payment dependent on the receipt of funds (rather than the initiation of the transfer) are void under § 307 BGB (BGH, VIII ZR 222/15).

Once that deadline passes without payment, the tenant is automatically in default — no prior reminder letter is required by law (§ 286 Abs. 2 No. 1 BGB, as the due date is determined by the calendar).

Statutory Default Interest

Once the tenant is in default, the landlord is entitled to charge statutory default interest under § 288 BGB. For consumer debtors (residential tenants), the rate is:

5 percentage points above the Bundesbank base rate per year

As of 1 January 2026, the Bundesbank base rate is 1.27%. Consequently, the applicable default interest rate for residential tenants is 6.27% p.a. (effective May 2026). Interest accrues daily on any outstanding, unpaid amount.

Reminder Letter Costs

Punitive "late fee" charges in residential lease contracts are not enforceable under German law. Standard-form clauses attempting to impose them violate the principles of § 307 BGB and are void.

What landlords may legitimately claim for sending reminder letters:

• First reminder: Generally free — courts often do not award costs for the first notice, as the tenant is already in statutory default without needing a reminder.
• Second and subsequent reminders: Landlords can claim actual out-of-pocket costs, typically postage plus paper/envelope — in practice approx. €2.50–€5.00 per letter.
• Internal administrative time is generally not recoverable as a separate item in residential cases.

Escalation Steps for Non-Paying Tenants

Germany's legal system gives landlords a structured escalation path when a tenant falls behind under § 543 Abs. 2 Nr. 3 BGB and § 569 BGB:

For the full eviction process, see the Eviction ProcessPreview unavailable guide.

The "Remedy Payment" (Schonfristzahlung) Rule

Germany gives residential tenants a statutory right under § 569 Abs. 3 Nr. 2 BGB to undo an immediate termination (for rent arrears) if the tenant pays all outstanding rent and default interest in full within two months of the eviction lawsuit being served.

Important Legal Distinction: This 'healing' effect applies only to the extraordinary termination and does not affect a simultaneous ordinary termination (BGH, VIII ZR 106/23). This right can only be exercised once every two years.

Practical implication for landlords: even after serving an immediate notice and filing for eviction, a tenant's full payment within the two-month window will nullify the extraordinary termination. Landlords should nonetheless always issue a simultaneous ordinary (notice) termination as a backup.

SEPA Direct Debit — a Practical Solution

One of the most effective ways to prevent late payments is to include a SEPA direct debit mandate in the lease, authorising the landlord to collect the rent automatically each month. This eliminates reliance on the tenant's own initiative and significantly reduces arrear rates.

How Landager Helps

Landager notifies you the moment a rent payment is overdue and tracks the number of days in arrears across your Thuringia portfolio. It calculates accrued default interest automatically and generates pre-formatted demand letters, so you can escalate quickly and compliantly.

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