Landlord tenant rights schleswig holstein, germany in Schleswig-Holstein

Schleswig-Holstein, Germany's northernmost state, features a unique aspect in its tenancy law: It was the very first German state to prematurely abolish the national rent brake (Mietpreisbremse) for new leases in November 2019. Consequently, landlords in cities like Kiel, Lübeck, Flensburg, or popular coastal municipalities can generally set the rent for new leases freely according to the market. However, for existing leases, stricter rules regarding the rent increase cap (Kappungsgrenze) have applied in 62 designated municipalities since May 2024.

Key Regulations in Schleswig-Holstein at a Glance

1. Security Deposits In Schleswig-Holstein, the nationwide rules of the German Civil Code (BGB) apply: The security deposit may not exceed three months of net cold rent. The tenant is legally allowed to pay the deposit in three equal monthly installments. The deposit must be kept separate from the landlord's personal assets and placed in an insolvency-proof account. Any interest earned belongs to the tenant.

For more details, see our guide on Security DepositsPregled nije dostupan.

2. Rent Increases and Price Caps Since the rent brake (Mietpreisbremse) is no longer applicable in Schleswig-Holstein, there is no statutory upper limit for the rent amount when signing a new lease agreement. However, for existing lease agreements, the following rules apply: * In 62 municipalities with tight housing markets (KappVO SH): The rent may only be increased by a maximum of 15% within three years up to the local comparative rent (instead of the standard 20%). * Affected areas include the independent cities of Kiel, Lübeck, and Flensburg, as well as numerous municipalities in tourism regions on the North and Baltic Seas and in the Hamburg suburban area. * This ordinance came into effect on May 1, 2024 and is valid until April 30, 2029. For more details, see our guide on Rent IncreasesPregled nije dostupan.

3. Eviction by the Landlord German tenancy law offers strong eviction protection for tenants. Landlords can only terminate an indefinite lease agreement if they have a legitimate interest: * Personal Need (Eigenbedarf): The landlord needs the apartment for themselves or close relatives. * Significant Breach of Duty: E.g., continuous late rent payments or severe disruption of the house peace. * Economic Utilization: Continuing the lease would prevent reasonable economic utilization of the property. The notice periods depend on the duration of the tenancy: 3 months (up to 5 years), 6 months (5–8 years), 9 months (over 8 years). In the event of rent arrears of two months' rent, an immediate termination without notice is possible (BGB § 543). For more details, see our guide on the Eviction ProcessPregled nije dostupan.

4. Required Disclosures When renting out property in Schleswig-Holstein, landlords are subject to various disclosure obligations, including a valid Energy Performance Certificate (EnEV/GEG), information regarding the rent index (Mietspiegel), and a cancellation policy for distance contracts (e.g., online rentals). Information about planned modernization measures is also mandatory. Learn more in our guide on Required DisclosuresPregled nije dostupan.

5. Maintenance and Defects

According to BGB § 535, the landlord must hand over and maintain the rented property in a condition suitable for contractual use. Repairs to the roof, heating, water, and power lines are the landlord's responsibility. Validly agreed small repair clauses (often up to approx. €100–120 per individual case) are permissible. For more details, see our guide on Maintenance ObligationsPregled nije dostupan.

6. Late Fees and Rent Arrears If the tenant is in default, landlords may charge default interest (5 percentage points above the base interest rate) as well as reasonable dunning fees (a flat rate of approx. €2.50–5.00 starting from the second reminder). "Penalty fees" beyond this are strictly prohibited. For more details, see our guide on Late FeesPregled nije dostupan.

Making Compliance Easier Although the rent brake has been eliminated in Schleswig-Holstein, the interplay of the federal BGB and the new KappVO SH remains complex

Landager helps you keep track of deadlines, rent increase potentials, and security deposits so you always rent in compliance with the law. Explore more compliance topics for Schleswig-Holstein:

• Security DepositsPregled nije dostupan
• Eviction ProcessPregled nije dostupan
• Required DisclosuresPregled nije dostupan
• Rent IncreasesPregled nije dostupan
• Lease RequirementsPregled nije dostupan
• Maintenance ObligationsPregled nije dostupan
• Late FeesPregled nije dostupan

How Landager Helps Landager tracks lease terms, overview deadlines, and regional legal updates - making it easy to stay compliant with Schleswig-Holstein regulations