Updated on

The rent brake in Lower Saxony: from the capital to the islands

Lower Saxony’s tenant-protection ordinance covers large cities, university towns, the Hamburg commuter belt and seven islands.

Checked by Radif Partners · Editorial policy · Method

Maximum rent at the start of the tenancy

no cap

The municipality is in no ordinance on this date.

Local reference rent€11.00/m²
Reference rent for your floor area€682
Rent brakedoes not apply here
Increase cap20 % in three years

Without the rent brake, Sections 556d ff. BGB set no limit at signing. Later increases still follow Section 558 BGB, with the reference rent and the cap.

How we calculate
Enter the reference rent from your municipality’s rent index; without one, three comparable flats or an expert opinion are used (Section 558a BGB). · Niedersachsen ordinance

Lower Saxony brings its tenant protection together in the Lower Saxony tenant-protection ordinance of 20 December 2024, amended in December 2025. It has applied since 1 January 2025; the rent brake (Mietpreisbremse) and the 15 per cent increase cap run until 31 December 2029, and the longer five-year notice ban after conversion into condominiums until the end of 2031. All three rules cover the same 57 areas: the state capital Hanover, cities such as Braunschweig, Osnabrück, Oldenburg, Wolfsburg and Göttingen, the Hamburg and Bremen commuter belts with Buxtehude, Seevetal, Stuhr or Lilienthal, and 7 of the East Frisian Islands. 6 joint municipalities (Samtgemeinden) are covered as a whole, with all member municipalities. In Göttingen an assumed reference rent of €9.80 for a 45 m² flat gives a ceiling of €485.10 on new leases; at €520, €34.90 a month would be too much.

One combined ordinance with three sections

The Lower Saxony tenant-protection ordinance sets the rent-brake areas under Section 556d of the Civil Code in its Section 1, the cap areas under Section 558(3) in Section 2 and the notice-ban areas under Section 577a in Section 3. The list is the same three times. The 2020 predecessor expired at the end of 2024; the new one followed without a gap, and the amendment of 3 December 2025 fixed the end of Sections 1 and 2 at the end of 2029.

Göttingen as an example

For a 45 m² flat in Göttingen at €520 and an assumed reference rent of €9.80, the ceiling is €485.10. For an increase from €375 to €441, the cap allows €431.25. For Hanover, the Hanover rent index page explains how the reference rent is found there.

Every area in the ordinance

Lower Saxony tenant-protection ordinance, Section 1: 57 towns, municipalities and joint municipalities
LetterCountMunicipalities
A2Achim, Adendorf
B11Bad Rothenfelde, Bad Zwischenahn, Baltrum, Bardowick, Bienenbüttel, Bleckede, Borkum, Bovenden, Braunschweig, Buchholz in der Nordheide, Buxtehude
C1Cuxhaven
E1Emsbüren
G3Garbsen, Gellersen, Göttingen
H5Hannover, Hanstedt, Hatten, Hemmingen, Hildesheim
I2Ilmenau, Isernhagen
J1Juist
L7Laatzen, Langenhagen, Langeoog, Leer, Lilienthal, Lingen, Lüneburg
N4Neu Wulmstorf, Norden, Norderney, Nordhorn
O4Oldenburg, Osnabrück, Ostheide, Oyten
R2Rastede, Rotenburg
S5Seelze, Seevetal, Spiekeroog, Stade, Stuhr
T1Tostedt
U1Uelzen
W7Wangerooge, Wedemark, Weyhe, Winsen, Winsen, Wolfsburg, Wunstorf

Frequently asked questions

Does the rent brake apply on Norderney and the other islands?

Yes, on the islands in the ordinance: Borkum, Juist, Norderney, Baltrum, Langeoog, Spiekeroog and Wangerooge, 7 islands in all. For permanent residential leases the rent brake and the 15 per cent cap apply just as on the mainland. Holiday flats let only for temporary use, on the other hand, are outside the rent brake.

What does it mean that a joint municipality is listed?

A joint municipality (Samtgemeinde) consists of several member municipalities. If it is listed, the ordinance covers all of them. 6 joint municipalities are covered, such as Bardowick and Gellersen near Lüneburg or Tostedt in the Harburg district. If you live in a member municipality, enter the joint municipality’s name in the rent check.

How long is the notice ban after conversion in Lower Saxony?

Five years instead of three, for flats in the ordinance’s areas that were converted into condominiums and sold after the tenant moved in. The rule is in Section 3 of the ordinance and runs until the end of 2031, two years longer than the rent brake. Its basis is Section 577a(2) of the Civil Code.

Related pages and calculators

Sources

Written by

Publisher of German tenancy-law calculators

Updated on · Editorial policy · Contact

Legal status 2026, checked on