Thuringia Landlord Disclosure Requirements: What You Must Tell Tenants

German law imposes a number of specific disclosure obligations on landlords at or before the signing of a tenancy agreement. Landlords in Thuringia must comply with both federal requirements and — if renting in Erfurt or Jena — additional disclosure rules tied to the rent brake. Failures to disclose can result in fines, lost rent claims, or lease challenges.

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1. Energy Performance Certificate (Energieausweis)

Under the Buildings Energy Act (Gebäudeenergiegesetz, GEG), landlords are legally required to present a valid Energy Performance Certificate to prospective tenants:

At the Viewing

The certificate must be displayed or handed over as a copy without being asked, at the very first viewing. It is not sufficient to wait for the tenant to request it.

After Signing

Following conclusion of the lease, the tenant must receive a copy of the certificate within a reasonable period.

Property Listings Commercial property listings (whether in print or online portals) must state specific data from the certificate:

• Type of certificate (demand-based or consumption-based)
• Final energy demand or consumption value
• Primary energy carrier for heating
• Year of construction
• Energy efficiency class (for certificates issued after 1 May 2014)

Missing this information in a listing risks commercial warning letters and regulatory fines.

2. Rent Brake Disclosure — Erfurt and Jena Only

When letting an existing residential property in Erfurt or Jena under the Mietpreisbremse (current until 31.12.2029), the initial rent may not exceed the local reference rent (ortsübliche Vergleichsmiete) by more than 10%.

If the landlord wishes to charge a higher rent based on a statutory exemption, they must disclose that exemption proactively, in writing, before the lease is signed (§ 556g BGB). The three exemptions are:

Consequence of failing to disclose: The landlord loses the right to collect the portion of rent that exceeds the 10% threshold. The exemption can be disclosed belatedly, but the above-threshold rent only becomes collectible two years after that late disclosure.

3. Tenant Registration Confirmation (Wohnungsgeberbestätigung)

Since 2015, the Federal Registration Act (BMG) requires landlords to issue a formal move-in confirmation to every new tenant within two weeks of move-in (§ 19 BMG). The confirmation must include:

• The full address of the property
• Move-in date
• Full names of all moving-in individuals
• The landlord's own name and signature

This document is required by the local residents' registration office (Einwohnermeldeamt). Failure to provide it is an administrative offence subject to a fine.

4. General Pre-Contractual Disclosure Duties

German law (§ 241 para. 2 BGB) requires landlords to proactively disclose any information that is material to the tenant's decision to enter the lease — even if not asked — when the landlord is aware of it and it cannot reasonably be expected that the tenant would discover it themselves. Examples include:

• Known structural defects (e.g., recurrent flooding, hidden mould behind walls)
• Upcoming major construction works in the immediate vicinity that the landlord knows of
• Planned demolition or significant reconstruction of the building within a foreseeable period

Concealing such facts can entitle the tenant to rescind the contract for fraudulent misrepresentation.

Best Practices for Thuringia Landlords

1. Get signatures on the energy certificate: Have tenants confirm receipt of the energy certificate in the lease or a separate hand-over note with date.
2. Document Erfurt/Jena disclosures in writing before signing: A simple letter or email sent to the tenant noting the exemption and its basis suffices to protect you.
3. Issue the registration confirmation on move-in day — do not leave it until later.

See also our guides on Rent IncreasesPratinjau tidak tersedia and Lease RequirementsPratinjau tidak tersedia.

Back to Thuringia Landlord-Tenant Laws OverviewPratinjau tidak tersedia.