Required Landlord Disclosures in Bremen: EPCs and Rent Control

Federal and local laws require landlords in Bremen to disclose specific pieces of information to prospective and current tenants. Failure to provide mandatory disclosures—particularly those surrounding energy efficiency and rent control caps—can result in severe fines or prompt retroactive rent reclamations by the tenant.

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Overview of Mandatory Disclosures

Energy Performance Certificate (Energieausweis)

Under the federal Building Energy Act (GEG), revealing the property's energy data is strictly mandatory when renting, leasing, or selling a property.

• During Viewings: The EPC must be clearly presented to prospective tenants during the property viewing without them having to ask for it.
• Lease Signing: A copy (or the original) of the certificate must physically be handed to the tenant at the time the lease is signed.
• Advertisement: main metrics—including the energy efficiency class, end energy consumption/demand, the main heating fuel, and the building's age—must be included in any real estate listing.
• Penalties: Failure to provide an EPC or including false information can yield fines of up to €10,000.

Rent Brake Disclosures (City of Bremen Only) Because the City of Bremen enforces the local Rent Brake (Mietpreisbremse), landlords face strict disclosure requirements when applying an exemption to surpass the cap

Under § 556g BGB, if a landlord intends to ask for rent that exceeds 10% above the local comparative rent (ortsübliche Vergleichsmiete), they must provide unsolicited written disclosure before the lease is signed regarding their justification: * High Previous Rent: The rent charged to the immediate previous tenant was already above the rent brake limit (Grandfathering clause). * Significant Modernization: Modernization measures were carried out within the last three years that justify a higher baseline. * New Construction: The apartment was built and utilized for the very first time after October 1, 2014.

Critical Warning: If a landlord charges above the rent brake limit but fails to proactively disclose the qualifying exception before signing, they temporarily forfeit the right to use that exception. The tenant can then formally complain and reclaim the excess rent paid until the disclosure is retroactively provided.

Evidencing Rent Increases

When enacting an ordinary rent increase during an ongoing tenancy, a landlord must provide formal justification regarding why the new rent reflects the local market baseline

Disclosures can include: * A reference to the Qualified Rent Index (Mietspiegel). The city of Bremen published its first qualified index in January 2024. * Reference data from at least three comparable apartments. * An assessment by a sworn expert (Sachverständigengutachten).

Operating Costs (Betriebskostenabrechnung) If the tenant pays monthly utility prepayments, the landlord is legally required to provide a transparent and itemized annual reconciliation statement. * Deadline: The statement must be delivered no later than 12 months after the close of the billing period. * Consequence of Delay: If the landlord misses the 12-month disclosure deadline, they lose the legal right to demand any additional underpayments from the tenant.

Additional Informational Duties * Cosmetic Repairs: If the landlord requires the tenant to manage cosmetic repairs (Schönheitsreparaturen), the exact parameters must be disclosed clearly in the lease text without using illegal "rigid timelines." * House Rules (Hausordnung): Building rules regarding noise, cleaning rotas, and communal areas must be provided and signed alongside the Key contract

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