Mietpreisbremse check: Am I paying too much rent? (2026)
Mietpreisbremse check: Am I paying too much rent?
At most 10% over the local comparable rent, in a designated area, at the start of the tenancy (§ 556d BGB).
Anything above that is void. With a qualified objection (§ 556g BGB) you can reclaim retrospectively for up to 30 months, provided the objection is made in time.
§ 556d Abs. 1 BGBIn 60 seconds
In an area designated by state regulation, the rent at the start of a new tenancy may exceed the local comparable rent by at most 10% (§ 556d Abs. 1 BGB).
The brake bites at the start of the tenancy, not on increases within a running contract. The 2025 extension widened it to around 627 municipalities; it runs nationwide until 31 December 2029.
The fixed exceptions are a previous rent that was already higher (§ 556e BGB), new-build first used and let after 1 October 2014, and the first letting after comprehensive modernisation (§ 556f BGB).
Where the landlord relies on an exception they must inform you unprompted, in text form, before you sign (§ 556g Abs. 1a BGB). Fail that and they cannot rely on it.
The tool is the qualified objection in text form (§ 556g Abs. 2 BGB): a letter, email or fax will do. It reaches back up to 30 months from the start of the tenancy, provided it is raised within that time.
What the law says
Where a residential tenancy is concluded for a property in an area designated by regulation as having a tight housing market, the rent at the start of the tenancy may exceed the local comparable rent by at most 10 per cent. Anything above that is void. Working translation; the German original is the binding text.
A worked example
A 70 m² flat in a designated area.
€1.80/m² too much, across 70 m². What is compared is the net rent per square metre, not the gross rent.
When the rent brake does not apply
| Exception | Rule |
|---|---|
| Previous rent (§ 556e BGB) | Where the previous tenant's rent was already above the cap, that level may be carried over. |
| New-build (§ 556f BGB) | Flats first used and let after 1 October 2014 are exempt. |
| Comprehensive modernisation (§ 556f BGB) | The first letting after comprehensive modernisation is not subject to the cap. |
Related: Reading and using the Mietspiegel and Checking a rent increase.
What it means for each side
- Check early: the 30 months run from the start of the tenancy, not from your objection.
- Raise the objection in text form, not orally.
- Compare the net rent per square metre, not the gross rent.
- Test any claimed exception: without notice before signing, it does not bite.
- Measure the starting rent against the comparable rent plus 10%.
- To rely on an exception, inform the tenant in text form before signing.
- Document the previous rent or the modernisation properly.
- Calculate on the net rent per square metre.
Common mistakes
The retrospective claim of up to 30 months is tied to the period from the start of the tenancy. Acting late costs real money.
The objection needs text form; a conversation will not do and cannot be proven later.
What is compared is the net rent per square metre, not the gross rent with Nebenkosten.
Without notice in text form before signing, the exception does not apply.
What to do next
Check whether your municipality is designated by state regulation.
Take the local comparable rent from the Mietspiegel and add 10%.
Hold your own net rent per square metre against it.
If it is over, raise the qualified objection in text form: promptly, because of the 30 months from the start of the tenancy.
Frequently asked questions
How much can the rent exceed the comparative rent?
In an area covered by the Mietpreisbremse, the rent at the start of a new tenancy may exceed the ortsübliche Vergleichsmiete (local comparable rent) by at most 10% (§ 556d Abs. 1 BGB). Anything above that is invalid. You do not have to pay the excess.
How do I reclaim overpaid rent?
With a qualifizierte Rüge (qualified objection) in text form sent to your landlord (§ 556g Abs. 2 BGB). From the moment it reaches the landlord you have a claim to repayment. Since the 2019 reform you can reclaim retroactively up to 30 months from the start of the tenancy, provided the Rüge is made within that period.
When does the Mietpreisbremse not apply?
It does not apply to Neubau (new builds) first used and let after 1 October 2014, to the first letting after an umfassende Modernisierung (comprehensive modernisation), or where the Vormiete (previous rent) was already higher (existing-rent protection, §§ 556e, 556f BGB).
Must the landlord disclose the comparative rent or an exception?
Yes. If the landlord relies on an exception (Vormiete, Neubau, Modernisierung), they must inform you in text form, unprompted, before you sign (§ 556g Abs. 1a BGB). Without this disclosure they cannot rely on the exception.
How long does the Mietpreisbremse run?
It was extended in summer 2025 and now runs until 31 December 2029. Which areas are covered is set by each federal state through a Verordnung (ordinance).
Do I need a lawyer to issue the Rüge?
No. You can write the Rüge yourself in text form (letter, email, fax). It must clearly state that you object to the rent level as a breach of the Mietpreisbremse. Backing it up with the comparative rent improves your chances.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.