Möblierungszuschlag: how much furniture surcharge is allowed
How to set the Möblierungszuschlag (furniture surcharge) so that you can justify it if the tenant sends a Rüge (formal complaint about the rent).
The law sets no formula for the Möblierungszuschlag. It has to match the current value of the furniture. Add it to the permitted rent, state it separately, and prove it with an Inventarliste (inventory list) and move-in photos.
How to set the surcharge
Three figures give you the surcharge. Two documents prove it.
- 1
Start with the permitted rent
Take the local comparable rent from the Mietspiegel (local rent index). Where the Mietpreisbremse (rent brake) applies, add at most 10 %.
- 2
List what is in the flat
List every piece of furniture and every appliance, with its year of purchase and price.
- 3
Estimate the current value
Work out what the furnishings are still worth today.
- 4
Do not count anything twice
Leave out anything the Mietspiegel already counts as fittings.
- 5
State it separately
Show the base rent and the surcharge as two amounts in the lease.
- 6
Keep the evidence
Keep the Inventarliste and the move-in photos. You need them for a Rüge and for the Kaution (deposit).
Why this matters
Under § 556d BGB, the rent in Mietpreisbremse areas is capped, and the surcharge has to match the value of the furniture. If the tenant sends a Rüge, what counts is what you can prove about the furniture in the flat and its condition.
General information, not legal advice.
Frequently asked questions
Can I charge a Möblierungszuschlag where the Mietpreisbremse applies?
Yes, you can charge a Möblierungszuschlag on top of the permitted rent. It has to match the value of the furniture that is actually in the flat.
How do I calculate the surcharge?
You calculate the surcharge from the current value of the furnishings. The bill names a ceiling of 1 % of the current value per month, so at most €100 a month for furniture worth €10,000. That is not yet law.
Do I have to state the surcharge separately?
No, you do not have to state the surcharge separately today. Under the 2026 bill it would become mandatory. Otherwise the flat would at first count as unfurnished when the rent is checked.
Also in this topic: Handing over a furnished flat: furniture and appliancesWohnen auf Zeit: how to set a valid fixed termWear on furniture: what landlords may deduct in Germany
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