The Mietpreisbremse (rent brake) is one of the central instruments of German tenancy law. This guide explains how it works, where it applies, what exceptions exist, and what options tenants may potentially have — based on the current legal situation as of April 2025.
What Is the Mietpreisbremse?
The Mietpreisbremse (rent brake) is a statutory provision under § 556d of the German Civil Code (BGB), in force since 2015 in areas with a strained housing market. It limits the rent for new tenancies to a maximum of 10% above the local reference rent (Mietspiegel). The regulation was reformed in 2020, enabling potential retrospective review from the point of written objection (§ 556g para. 2 BGB). The legislature's aim was to balance the interests of landlords with the protection of tenants in urban areas where the housing market is classified as tense.
Before the 2020 reform, a possible claim for repayment of excess rent was limited to the period after the objection was filed. Following the reform, tenants who had submitted a qualified objection before 31 March 2020 may, under certain circumstances, also be able to address earlier overpayments. For current individual cases, we recommend consulting your local tenants' association (Mieterverein).
Where Does the Rent Brake Apply?
The Mietpreisbremse applies in over 285 cities and municipalities across Germany. State governments designate areas as 'strained housing markets' through legal ordinances, each valid for up to 5 years and requiring renewal.
All 16 German states have issued Mietpreisbremse ordinances. The largest coverage areas exist in: Berlin (since 2015, extended), Bavaria (Munich and over 161 other municipalities), North Rhine-Westphalia (59 municipalities), Hamburg (since 2015), Baden-Württemberg (68 municipalities), Brandenburg (including the Berlin commuter belt), Hesse (Frankfurt, Wiesbaden and others), and further states. You can use our free Mietcheck calculator to verify whether your specific address falls within a coverage area.
How Is the Reference Rent Calculated?
The local reference rent is determined using the qualified Mietspiegel (rent index), if one exists for the relevant municipality. Several factors are taken into account: the year the building was constructed, the apartment's floor area in square metres, the location category (basic, mid-range, or good), and features such as bathroom fittings, kitchen equipment, flooring, and heating type.
Formel / Formula
The permissible maximum rent is calculated as: Local reference rent + 10% = Maximum permissible rent. If your current net rent potentially exceeds this threshold, further investigation may be worthwhile. Our calculator compares your rent automatically against the official Mietspiegel data for your city.
Exceptions to the Rent Brake
Not every apartment is subject to the Mietpreisbremse. There are legally defined exceptions that may permit a higher rent:
- New construction (§ 556f BGB): Apartments first occupied and rented out after 1 October 2014 are exempt from the rent brake. This exception is intended to avoid discouraging investment in new housing construction.
- Comprehensive modernisation (§ 556f BGB): Where the cost of modernisation amounts to at least one third of the comparable cost of new construction, the property is treated as 'equivalent to new' and is similarly exempt.
- Previous tenancy clause (§ 556e BGB): If the previous tenant was already paying more than the permissible rent under the Mietpreisbremse, the landlord may maintain that rent level and pass it on to a new tenant.
- Furnished accommodation: Reasonable surcharges for furnished rentals may, under some circumstances, exceed the cap. This area of law has not been conclusively settled by the courts, so individual assessment is recommended.
What Is a Qualified Written Objection?
A qualified written objection (§ 556g para. 2 BGB) is a written notification from the tenant to the landlord stating that the agreed rent potentially exceeds the maximum permissible rent under the Mietpreisbremse. No specific form is required, but the objection must reach the landlord (verifiable delivery is recommended). A simple email or letter can suffice — what matters is that delivery can be proved.
What Could You Do If Your Rent May Be Too High?
If you suspect your rent might exceed the legal ceiling, the following steps may be relevant — without claiming to be exhaustive:
- 1Determine the reference rent: Use our free Mietcheck calculator or the official Mietspiegel for your city to obtain an initial estimate.
- 2File a written objection: A written notification to your landlord is a prerequisite under § 556g BGB for any potential repayment to be considered.
- 3Document delivery: Use registered mail or another verifiable delivery method so that the date of receipt by your landlord can be established.
- 4Keep all documents: Retain your tenancy agreement, the objection letter, and proof of delivery.
- 5Seek advice: If in doubt, we recommend consulting your local Mieterverein (tenants' association) or a specialist tenancy law solicitor. RechtGuide does not provide legal advice under the Legal Services Act (RDG).
Possible Repayment of Excess Rent
Since the 2020 reform (§ 556g para. 2 BGB), overpaid rent may potentially be reclaimed from the point at which the qualified written objection was received by the landlord. The general limitation period is three years (§ 195 BGB). Submitting a written objection early may therefore be worthwhile. Please note that this constitutes general information and not legal advice.
Current Case Law on the Rent Brake
Key decisions of the Federal Court of Justice (BGH) on the Mietpreisbremse: BGH VIII ZR 45/19 (2020): The BGH held that the Mietpreisbremse is constitutional. BGH VIII ZR 300/21 (2022): On the calculation of previous rent for furnished apartments. BGH VIII ZR 8/22 (2023): Requirements for a valid qualified objection. These decisions form the current legal foundation. Since case law continues to evolve, we recommend seeking up-to-date legal advice for specific questions.
How Long Will the Rent Brake Remain in Force?
The federal Mietpreisbremse is currently limited until 31 December 2025 (§ 556d para. 2 BGB). The federal government continues to assess whether and how the regulation may be extended or amended. Individual state ordinances may have different expiry dates. For current legislative developments, the Federal Ministry of Justice (BMJ) publishes updates on its website.
Check Your Rent for Free
Our Mietcheck calculator could provide an initial estimate in 2 minutes of whether your rent potentially exceeds the Mietpreisbremse ceiling.
Go to Mietcheck CalculatorFrequently Asked Questions about the Mietpreisbremse
The 15 most important questions — answered clearly and concisely
What is the Mietpreisbremse?
The Mietpreisbremse (rent brake) is a statutory provision under § 556d BGB that, in areas with a strained housing market, limits the rent for new tenancies to a maximum of 10% above the local reference rent (Mietspiegel). It does not apply to index-linked or stepped rent agreements concluded before the tenancy began, and has no effect on existing tenancies without a written objection.
Where does the Mietpreisbremse apply?
The rent brake applies in over 285 cities and municipalities across Germany, including Berlin, Munich, Hamburg, Frankfurt, Cologne, Düsseldorf, Stuttgart and many others. The precise coverage areas are set by state governments through legal ordinances. You can use our Mietcheck calculator to check whether your address is covered — for free.
When does the Mietpreisbremse not apply?
The rent brake does not apply to: new-build apartments first let after 1 October 2014; comprehensively modernised apartments (where modernisation costs amount to at least one third of equivalent new construction costs); apartments where the previous tenancy was already above the permissible ceiling (previous tenancy clause, § 556e BGB); municipalities without a valid Mietpreisbremse ordinance; and commercial lease agreements.
How do I calculate the reference rent?
The local reference rent is determined from the qualified Mietspiegel for your city. The relevant factors are: year of construction, floor area, location category (basic/mid/good), and fittings. The permissible maximum rent equals the reference rent plus 10%. Our Mietcheck calculator performs this calculation automatically using official Mietspiegel data.
What is a qualified written objection?
A qualified written objection is a written notification from the tenant to the landlord indicating that the agreed rent potentially exceeds the maximum permissible rent under § 556d BGB. No specific form is required, but the objection must reach the landlord — verifiable delivery is recommended. A simple email or letter may suffice. Upon receipt of the objection, a rent reduction and possible repayment may potentially come into consideration, depending on the specific circumstances.
How far back can a repayment claim go?
Since the 2020 reform (§ 556g para. 2 BGB), overpaid rent may potentially be reclaimed from the date on which the qualified written objection was received by the landlord. The general limitation period is three years (§ 195 BGB). Filing a written objection early may therefore be beneficial. This is general information, not legal advice.
Does the rent brake apply to new-build apartments?
No. Apartments first occupied and let after 1 October 2014 are expressly exempt from the Mietpreisbremse under § 556f BGB. This exception is designed to preserve incentives for new housing construction. The rent brake therefore does not apply to first lettings after that date, regardless of where the property is located.
What is the previous tenancy clause?
Under § 556e BGB, a landlord may retain the rent paid by the previous tenant if that rent was already above the permissible level under the Mietpreisbremse. In that case, the higher rent can be passed on to a new tenant. The landlord must inform the new tenant in writing of the previous rent amount before the tenancy agreement is signed. Without such notification, the previous tenancy clause may potentially not apply.
Does the rent brake apply to furnished accommodation?
In principle, yes — the Mietpreisbremse also applies to furnished accommodation. However, reasonable surcharges for furnishing are permissible, as the law does not explicitly regulate furnished rentals. Case law in this area is not yet conclusively settled, so individual assessment is advisable. A Mieterverein or specialist tenancy law solicitor can provide a current assessment.
What does a check cost?
The rent check using our Mietcheck calculator is free of charge — no registration, no credit card, no hidden fees. If you additionally require a personalised letter to your landlord, we offer paid additional services starting from €9.90.
Do I need a solicitor?
For an initial assessment of your rent situation you do not need a solicitor — that is what our free Mietcheck calculator is for. If, however, you are considering concrete legal steps, we recommend consulting your local Mieterverein (often affordable for members) or a specialist tenancy law solicitor. RechtGuide does not provide legal advice under the Legal Services Act (RDG).
What happens after I file the objection?
Once the qualified written objection has been received by the landlord, the landlord is required to reduce the rent to the permissible level going forward, provided the Mietpreisbremse actually applies. Whether and to what extent a repayment claim for the past is possible depends on the specific circumstances of the individual case. We recommend documenting the landlord's response in writing and seeking legal advice if in doubt.
How long will the rent brake remain in force?
The federal Mietpreisbremse is currently limited to 31 December 2025. Whether and in what form an extension will be enacted is being debated politically. State ordinances may have different expiry dates. The Federal Ministry of Justice publishes updates on current legislative developments.
Does the rent brake apply to commercial premises?
No. The Mietpreisbremse applies exclusively to residential tenancy agreements. Commercial leases — for offices, shops, warehouses or similar uses — are governed by different legal rules. There is, in principle, contractual freedom regarding rent levels for commercial properties.
Where can I find the Mietspiegel for my city?
Qualified Mietspiegel are generally published by the city or municipality itself, often on the website of the housing authority or city administration. For major cities such as Munich, Berlin or Hamburg they are readily available online. Our Mietcheck calculator already contains the data for the most important German cities and calculates the reference rent automatically.
Sources and Further Information
- § 556d–556g BGB — gesetze-im-internet.de
- Federal Ministry of Justice — bmj.de (Tenancy Law)
- Deutscher Mieterbund (German Tenants' Association) — mieterbund.de
RechtGuide does not provide legal advice under the Legal Services Act (Rechtsdienstleistungsgesetz, RDG). All content is for general information and guidance purposes only. For a legally binding assessment of your individual situation, please consult a qualified solicitor or your local Mieterverein.