Saxony-Anhalt Required Landlord Disclosures: What You Must Provide

Landlords in Saxony-Anhalt face a set of mandatory disclosure and notification obligations under federal law. Unlike some other jurisdictions, Saxony-Anhalt has not activated the rent brake, which would otherwise require an additional pre-contract disclosure about previous rents (§ 556g BGB). However, several nationwide obligations still apply, and violations can result in heavy fines.

法的免責事項このガイドは一般的な法的情報を提供します。賃貸借法は変更される可能性があります。必ずこの地域のライセンスを持つ公証人または弁護士にご相談ください。

1. Energy Performance Certificate (Energieausweis)

This is one of the most frequently overlooked — and fined — obligations. Under the German Building Energy Act (GEG), every landlord who advertises or shows a residential unit must:

At Property Viewings:

• Display or provide the valid energy performance certificate (Energieausweis) — either a consumption-based or demand-based certificate — visibly and immediately, without waiting to be asked.

In Property Listings:

• When advertising in print or online (Immobilienscout, newspaper, etc.), you must include:
• Type of energy certificate (demand- or consumption-based)
• Final energy demand or consumption value (kWh/m²/year)
• Primary energy carrier for heating
• Year of construction
• Energy efficiency class (for buildings permitted or significantly renovated after May 1, 2014)

At Lease Signing:

• A copy (or original) of the valid certificate must be handed over to the new tenant.

Penalty: Non-compliance is an administrative offence punishable by fines of up to €10,000.

2. Wohnungsgeberbestätigung (Landlord's Occupancy Confirmation)

Under § 19 of the Federal Registration Act (Bundesmeldegesetz, BMG), every new tenant must register with the local residents' registration office (Einwohnermeldeamt) within two weeks of moving in. To do so, the tenant needs a written confirmation from the landlord.

Required information in the confirmation:

• Name and address of the landlord (Wohnungsgeber)
• Whether the event is a move-in or move-out
• Move-in date
• Full address of the property
• Names of all persons moving in

Penalties:

• Landlord refuses or delays: Fine of up to €1,000
• Landlord confirms a fictitious address (enabling a fraudulent registration): Fine of up to €50,000

3. Deposit Transparency

Landlords have a legal obligation to hold the security deposit in a separate, insolvency-proof account. If a tenant asks where and under what conditions their deposit is held, the landlord must provide truthful information. Inability to provide proof of separate holding entitles the tenant to withhold future rent payments.

4. No Rent Brake Disclosure Required In states where the rent brake (Mietpreisbremse) applies, landlords must proactively disclose the previous rent and any exemption grounds before the lease is signed (§ 556g BGB). Since Saxony-Anhalt has not activated the rent brake, this pre-contract disclosure obligation does not apply here.

5. Duty to Disclose Material Defects Landlords have a general pre-contractual obligation of good faith (§ 242 BGB). If a landlord is aware of a significant defect that would materially affect the tenant's decision — such as known mold, an impending large-scale construction project next door, or abnormally thin walls — deliberately concealing this may entitle the tenant to:

• Immediate extraordinary termination for fraudulent misrepresentation
• Substantial damages claims

Best Practice: Document all known deficiencies in the lease agreement or in a signed annex. Have the tenant acknowledge receipt in writing.

6. Operating Cost Transparency While not technically a disclosure at signing, landlords who charge operating cost pre-payments (Betriebskostenvorauszahlungen) have an ongoing obligation to reconcile these annually (§ 556 BGB). Tenants have the right to inspect original invoices underpinning the annual reconciliation. Failure to issue a reconciliation within 12 months of the billing period's end forfeits the landlord's right to claim shortfalls.

Compliance Checklist Before handing over keys to every new tenant, ensure you have:

• Provided the energy performance certificate (Energieausweis)
• Issued the Wohnungsgeberbestätigung (written occupancy confirmation)
• Notified the tenant of the separate deposit account details
• Documented the property condition with a signed handover protocol and photos
• Obtained signatures from all adult tenants on the lease

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