Thuringia Landlord-Tenant Laws: Complete Guide for Property Owners
Comprehensive guide to renting property in Thuringia, Germany: security deposits, eviction rules, rent caps in Erfurt & Jena, disclosures, and maintenance ob...
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Thuringia (Thüringen) is one of Germany's sixteen federal states, with major cities including Erfurt (the state capital), Jena, Gera, and Weimar. Landlord-tenant law in Germany is primarily federal, governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB). However, Thuringia has enacted its own regional ordinance (ThürMiSchuV) adding specific rent controls in Erfurt and Jena that every landlord in those cities must understand.
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Key Thuringia Rental Rules at a Glance
Security Deposits
Under §551 BGB, landlords may collect a security deposit of no more than three months' net cold rent (Nettokaltmiete). The deposit must be held in an insolvency-protected account, separated from the landlord's own assets. It is returned — minus any legitimate deductions — within a reasonable review period (typically 3–6 months) after the tenancy ends.
For full details, see our Security Deposits guide.
Rent Control: The Mietpreisbremse and Kappungsgrenze
Thuringia applies two main rent-limiting mechanisms in its most competitive housing markets:
Rent Brake (Mietpreisbremse) — Erfurt and Jena Only
When re-letting existing apartments in Erfurt or Jena, the asking rent may not exceed the local reference rent (ortsübliche Vergleichsmiete) by more than 10%. This rule was extended until 31 December 2029.
Exemptions apply for: newly constructed buildings (first let after 1 October 2014), extensively modernized units, and properties where the previous tenant was already legally paying above the threshold.
Rent Increase Cap (Kappungsgrenze) — Erfurt and Jena Only
For ongoing tenancies, landlords in Erfurt and Jena may raise the rent by no more than 15% within any three-year period — compared to the 20% standard that applies across the rest of Thuringia. The reduced cap was extended until 30 September 2029.
For full details, see our Rent Increases guide.
Eviction Procedures
German law provides strong tenant protections. A landlord may only issue an ordinary termination with a legitimate reason:
- Personal use (Eigenbedarf): The landlord needs the property for themselves, close family, or household members.
- Substantial breach of contract: The tenant has materially violated their obligations (e.g., persistent rent arrears, unauthorized subletting).
- Economic hardship: The landlord would suffer significant financial loss if the tenancy continued.
Notice periods scale with tenancy length: 3 months (up to 5 years), 6 months (5–8 years), 9 months (over 8 years).
For arrears, immediate termination without notice is possible when a tenant is two full months late on rent, or has accumulated arrears exceeding two months' rent.
For full details, see our Eviction Process guide.
Required Disclosures
main disclosure obligations for Thuringia landlords include:
- Energy Performance Certificate (Energieausweis): Must be shown at viewings and handed over after signing.
- Rent Brake Information (Erfurt & Jena): If the rent exceeds the 10% threshold, landlords must proactively disclose the exemption reason before signing.
- Tenant Registration Confirmation (Wohnungsgeberbestätigung): Landlords must confirm the move-in to the local registration office within two weeks.
For full details, see our Required Disclosures guide.
Maintenance and Habitability
Under § 535 BGB, landlords must maintain the property in a condition fit for its agreed purpose throughout the entire tenancy. If the landlord fails to remedy defects after a reasonable deadline, the tenant may:
- Reduce rent proportionally (Mietminderung) from the date of notification.
- Arrange repairs themselves at the landlord's expense (Ersatzvornahme).
Minor everyday repairs can be shifted to the tenant via a small repairs clause (Kleinreparaturklausel) — typically capped at €75–€120 per incident and 6–8% of the annual rent in total.
For full details, see our Maintenance Obligations guide.
Late Fees
Germany does not permit punitive "late fee" charges in residential leases. Landlords may charge only:
- Statutory default interest: 5 percentage points above the Bundesbank base rate (annually) once the tenant is in default.
- Actual postage/administrative costs for reminder letters, generally no more than €2.50–€5.00 per letter after the first free reminder.
For full details, see our Late Fees guide.
Short-Term Rentals and Local Ordinances
Thuringia is considering the Thuringian Housing Protection Act (ThürWoGeG), which would allow municipalities with tight housing markets (Erfurt, Jena, Weimar, Gera) to introduce short-term rental regulations by local ordinance. Landlords using platforms like Airbnb in these cities should monitor local developments closely.
Explore all Thuringia compliance topics:
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