Rent grace period brandenburg, germany

When commercial tenants in Brandenburg fall into arrears, landlords have significantly sharper financial levers at their disposal based on commercial and civil law than in residential tenancy law. Interest rates are higher, and flat-rate compensations are easier to implement.

Occurrence of Payment Default

Commercial rent is generally (unless defined otherwise in the contract) to be paid in advance in accordance with § 556b BGB, no later than the third working day of the respective time period (mostly the month).

If the tenant does not pay on time, they automatically fall into payment default on the following day (without the need for a reminder from the landlord).

The Significantly Higher Default Interest Rate

The BGB sanctions payment defaults among entrepreneurs (B2B sector) noticeably more severely than for private consumers:

According to § 288 Para. 2 BGB, the statutory default interest rate for legal transactions in which a consumer is not involved (such as commercial lease agreements) is nine percentage points above the respective base interest rate. (For comparison: In residential tenancy law, it is only 5 percentage points).

The base interest rate is newly determined by the German Bundesbank semi-annually (on January 1st and July 1st). If this is, for example, 3.12% (as of late 2023), the commercial landlord may demand a proud 12.12% interest (p.a.) on the outstanding amount, calculated to the exact day.

The Statutory €40 Default Flat Rate

A special feature in business transactions is § 288 Para. 5 BGB: Upon the occurrence of a default, the creditor (i.e., the landlord) is immediately and without further proof entitled to a flat rate of 40 euros.

• This flat rate is incurred regardless of fault and automatically as soon as the tenant has not paid after the due date.
• It is considered the minimum damage for internal debt collection costs (dunning effort).
• It may be claimed by the landlord in the first or second reminder along with the outstanding rent.
• However, should the landlord invoice the tenant for attorney fees for out-of-court legal prosecution, the 40 euros must be credited against them.

Immediate Termination: Cracking Down on Default

If rent payments repeatedly fail to materialize, this entitles the landlord (as in residential housing) to an extraordinary termination without notice in accordance with § 543 Para. 2 BGB.

The landlord may terminate without notice if:

1. The tenant is in default with the payment of the rent (or a not insubstantial part, usually one full month's rent) for two consecutive dates,
2. or accumulates a payment backlog over a longer period (e.g., over 6 months) that reaches two full months' rent.

No Healing in Commercial Leases: The essential difference to residential living: If a private residential tenant pays the entire arrears within a court-granted grace period (e.g., before the eviction lawsuit) after receiving the immediate termination, the termination is "healed" and becomes invalid. This statutory protective right explicitly does not apply in commercial tenancy law. After receiving a justified immediate termination due to payment default, a commercial landlord in Brandenburg has the irrevocable right to have the tenant evicted-even if the tenant settles the debt completely afterward.

Landlord's Lien as a Strong use

If the outstanding payment cannot be collected, the landlord is entitled to the Landlord's Lien (Vermieterpfandrecht) for commercial properties under § 562 BGB. They may retain seizable items (e.g., machines, furnishings, stored goods) that the tenant has brought into the rooms as security and satisfy their claims from the proceeds of their sale.

How Landager Helps

Landager tracks lease terms, local rent caps, and maintenance deadlines - making it easy to stay compliant with Brandenburg regulations. Whether you're managing a single flat in Potsdam or a commercial portfolio in Cottbus, our platform automates the tedious parts of landlord-tenant law.

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