Mietpreisbremse: What Landlords Must Know When Re-Letting (2026)
Mietpreisbremse: What Landlords Must Know When Re-Letting
At most 10% over the local comparable rent, unless an exception applies (§ 556d BGB).
To rely on an exception you must inform the tenant unprompted, in text form, before they sign (§ 556g Abs. 1a BGB). The rule runs until 31 December 2029.
§ 556g Abs. 1a BGBIn 60 seconds
In a designated area the rent on reletting may exceed the local comparable rent by at most 10% (§ 556d BGB).
Exceptions exist for a previous rent that was already higher (§ 556e BGB), for new-build first used and let after 1 October 2014, and for the first letting after comprehensive modernisation (§ 556f BGB).
For the previous rent what governs is the last lawfully owed rent: a previously agreed, itself excessive rent gives you no protection.
An exception only helps if you inform the tenant unprompted and in text form of the ground, before they make their contractual declaration (§ 556g Abs. 1a BGB).
Fail to give that notice and you may charge the higher rent only two years after making it good, until then the capped rent applies.
What the law says
Where the landlord relies on an exception under §§ 556e, 556f BGB, they must inform the tenant unprompted and in text form of the ground for it before the tenant's contractual declaration. If that notice is omitted, the landlord may rely on the exception only two years after making it good. Working translation; the German original is the binding text.
What exceptions exist?
| Exception | Basis | What is permitted |
|---|---|---|
| Higher previous rent | § 556e BGB | Where the last rent owed was already higher, you may continue to charge it (but not a previously agreed, unlawfully excessive rent). |
| New-build | § 556f BGB | Flats first used and let after 1 October 2014 are wholly exempt. |
| Comprehensive modernisation | § 556f BGB | Where the flat was comprehensively modernised, the brake does not apply to the first letting after it. |
The same topic from the tenant's side is in Checking the rent brake.
What it means for each side
- Check whether the claimed exception was notified in text form before you signed.
- Without that notice, the ordinary 10% cap applies.
- Compare the net rent per square metre against the Mietspiegel.
- Object in text form if the rent is above the limit.
- Establish the comparable rent from the Mietspiegel before you set a price.
- Give notice of any exception before the tenant's declaration, not in the contract itself.
- For the previous rent, rely on the last lawfully owed figure.
- For new-build, check first use and letting, not the year of construction.
Common mistakes
Price without looking at the Mietspiegel and you pass the 10% line without noticing.
Without the pre-contractual notice in text form the exception does not bite, even where its conditions are met.
A previous rent that was itself unlawfully high gives no protection; what counts is the last lawfully owed rent.
What matters is first use and letting after 1 October 2014, not the year of construction, and notice must come before the tenant's declaration.
What to do next
Check whether the flat is in an area designated by state regulation.
Establish the local comparable rent from the Mietspiegel and add 10%.
Check whether an exception under §§ 556e, 556f BGB genuinely applies.
If so, inform the tenant unprompted in text form before their declaration, and document it.
Frequently asked questions
How much rent can I charge on re-letting under the Mietpreisbremse?
In a designated area, the new rent may exceed the ortsübliche Vergleichsmiete (local comparable rent) by at most 10% (§ 556d(1) BGB). If the Vergleichsmiete is 10.00 €/m², you may charge no more than 11.00 €/m².
What are the exceptions to the Mietpreisbremse?
Three: a higher Vormiete (prior rent) that was already permissible may continue to be charged (§ 556e BGB); Neubau (new builds) first used and let after 1 Oct 2014 are exempt (§ 556f BGB); and the cap does not apply after a comprehensive Modernisierung (modernisation). You must invoke each exception before the contract is signed.
Do I have to tell the tenant the Vormiete?
Yes, if you rely on an exception. Under § 556g(1a) BGB you must inform the tenant in text form, unprompted, before they make their contractual declaration, stating the ground for the exception and, for a Vormiete (prior rent), its amount. You do not have to reveal the previous tenant's identity.
What happens if I fail to provide the disclosure?
If you give no disclosure, or give it only after the contract is signed, you cannot rely on the exception and may not charge the higher rent. You can provide the disclosure later, but may then only demand the higher rent two years after doing so (§ 556g(1a) sentence 2 BGB).
How long does the Mietpreisbremse apply?
The Bundestag extended the Mietpreisbremse to 31 December 2029. It does not apply nationwide, only in areas that the respective federal state has designated as a strained housing market by ordinance.
What can the tenant reclaim if the rent is too high?
If the tenant formally objects (qualifizierte Rüge, § 556g(2) BGB), they owe only the permissible amount. They can reclaim the excess paid from the point the objection is received, in some cases retroactively. A miscalculated rent is therefore an ongoing financial risk for the landlord.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.