Mietpreisbremse: how to check whether your rent is too high and ask for a reduction

The rent cap (Mietpreisbremse, Section 556d BGB) applies in many German cities with tight housing markets. For new tenancies, the rent may generally exceed the local comparative rent by no more than 10%.

Where the cap applies and how it works

The federal states decide by regulation where the rent cap applies, for example in Berlin, Munich, Hamburg, Frankfurt and Cologne. When a new contract is signed, the basic rent (Kaltmiete) may not exceed the local comparative rent (ortsübliche Vergleichsmiete) by more than 10%.

Working out the comparative rent from the Mietspiegel

The local comparative rent is determined using the city's official rent index (Mietspiegel). It takes into account the year of construction, the location, a lift, the type of heating, the quality of the bathroom and kitchen, and the building's energy performance.

Exceptions: new buildings and extensive modernisation

The cap does not apply to flats first used and let after 1 October 2014. A landlord may also exceed the limit if the previous tenant already paid more or if the flat was extensively modernised before being let.

Making a complaint (Rüge) and getting money back

To have the rent reduced, send the landlord a written complaint (Rüge) about the breach with a calculation based on the Mietspiegel. If you complain within 30 months of the start of the tenancy, the landlord must repay the excess rent from the start of the tenancy.

Next step

Signing the contract does not take away your right to check the rent: if it breaches the rent cap, you can complain after moving in and demand a reduction.