Required Landlord Disclosures in Baden-Württemberg, Germany

German landlords are subject to strict disclosure obligations both before and during a tenancy. Withholding mandatory documents or information can result in fines, rent reductions, or even claims for damages. Baden-Württemberg follows the national framework with some regionally relevant considerations around rent-brake disclosures.

Aviso LegalEste guia fornece informações legais gerais. As leis de locação podem mudar. Sempre consulte um tabelião ou advogado licenciado nesta região.

The Energy Performance Certificate (Energieausweis)

One of the most disclosure obligations comes from the Building Energy Act (Gebäudeenergiegesetz, GEG).

• In property listings: When advertising in commercial media, landlords must include main energy data (building year, energy source, certificate type, energy efficiency class).
• At viewings: A valid energy certificate must be proactively shown to prospective tenants at the viewing or displayed prominently.
• At contract signing: A copy or the original of the energy certificate must be handed over to the tenant no later than when the lease is signed.

Failure to issue an energy certificate or providing false data is an administrative offense punishable by fines of up to €10,000 (some sources cite up to €15,000). Energy certificates are valid for 10 years.

Prior Rent Disclosure (Rent Brake Areas)

Since Baden-Württemberg's rent brake (Mietpreisbremse) applies in 130 cities and municipalities (including Stuttgart, Freiburg, Heidelberg, and Mannheim), a main disclosure obligation concerns the prior rent level.

If you are setting the rent above 10% of the local comparable rent and relying on an exemption (e.g., the previous rent was already at that level), you must proactively inform the new tenant in writing before the lease is signed about the prior rent amount (§ 556g Abs. 1a BGB). Failure to do so — or doing so only after the fact — allows the tenant to reclaim overpaid rent.

Landlord Confirmation (Wohnungsgeberbestätigung)

The Federal Registration Act (Bundesmeldegesetz) requires landlords to provide a Landlord Confirmation to assist the tenant's mandatory registration at the local residents' registration office.

Every tenant must register at their new address within 14 days of moving in. To do so, they need this confirmation from the landlord, which must contain:

1. Name and address of the landlord
2. Date of move-in
3. Address of the rental property
4. Names of all persons required to register (the tenants)

The landlord must issue this confirmation within two weeks of the tenant's move-in. Failure to provide it can result in a fine of up to €1,000. Issuing a fraudulent confirmation (where no actual move-in occurred) can attract fines of up to €50,000.

Material Defects and Property Characteristics

Landlords must disclose non-obvious material defects or circumstances that could be critical to the tenant's decision to rent. These may include:

• Planned construction work: Major upcoming renovations or construction on the building (e.g., facade work involving significant noise or scaffold-covered windows)
• Usage restrictions: If the unit is not permanently approved for residential use or faces regulatory action
• Structural moisture/mold susceptibility: If the property has special ventilation requirements beyond the norm (e.g., basement apartments)

Landlords need not proactively mention defects that are clearly visible during a viewing, but they must not make false assurances about the property's condition.

Staying Compliant with Landager

Gathering and delivering all required documents takes time. Landager offers a structured onboarding feature for new tenancies: upload your building's energy certificate once and have it automatically attached to new lease files. Generate a Landlord Confirmation with one click based on the registered tenant data.

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