Mietpreisbremse: how much the new rent can be
How much rent you can charge when you re-let a flat in a Mietpreisbremse (rent brake) area, and the three exceptions.
When you re-let a flat in a Mietpreisbremse area, the new rent can be at most 10% above the local comparable rent. If an exception lets you charge more, tell the tenant in text form before they sign, without waiting to be asked.
What to check before you set the new rent
Do these checks before you advertise the flat. If you tell the tenant about an exception too late, you can only charge the higher rent two years after you tell them.
- 1
Is the flat in a Mietpreisbremse area?
The Mietpreisbremse only applies in areas the federal state has listed by regulation. Check whether your flat is in one.
- 2
Work out the cap
Look up the local comparable rent in the Mietspiegel (local rent index) and add 10%. That is the most you can charge.
- 3
Exception: higher previous rent
If the previous tenant paid more than the cap, that can count as an exception.
- 4
Exception: new build
Flats first used and let after 1 October 2014 are fully exempt.
- 5
Exception: full modernisation
The first letting after a full modernisation is also exempt.
- 6
Tell the tenant in time
If you rely on an exception, tell the tenant the reason in text form before they sign. Do not wait to be asked.
Why this matters
Under § 556d BGB, the rent for a re-let flat can be at most 10% above the local comparable rent. If you did not tell the tenant about an exception before they signed, § 556g Abs. 1a BGB lets you rely on it only two years after you do tell them.
General information, not legal advice.
Frequently asked questions
Do I have to tell the new tenant what the previous tenant paid?
Only if you rely on the higher previous rent as your exception (§ 556g Abs. 1a BGB). Then you must tell the tenant in text form before they sign, without waiting to be asked. You do not have to name the previous tenant.
What can the tenant claim back if the rent is too high?
The tenant can claim back everything above the allowed rent, from the day their formal complaint reaches you (§ 556g Abs. 2 BGB), and in some cases for earlier months too. From that day on, the tenant only owes the allowed rent.
How long does the Mietpreisbremse apply?
The Mietpreisbremse applies until 31 December 2029. It only applies in areas the federal state has listed by regulation.
Also in this topic: Passing the Grundsteuer on to tenants: 2026 guideHeizkostenabrechnung: a landlord's guide for GermanyNebenkostenabrechnung: a landlord's guide for Germany
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