Mietpreisbremse check: are you paying too much rent?
How to check in a few steps whether your rent breaks the Mietpreisbremse (rent brake), and how to get back what you overpaid.
You are paying too much if your rent at the start of the tenancy is more than 10% above the local comparable rent and your area is covered by the Mietpreisbremse. Claim back the part above that limit with an objection in text form, and do it early.
How to check the Mietpreisbremse
You do not need a lawyer for this. These steps are enough for a first check.
- 1
Is your town covered?
Check whether your town is listed in the federal state's regulation.
- 2
Find the local comparable rent
Look up the local comparable rent for your flat in the Mietspiegel (local rent index).
- 3
Add 10% and compare
Add 10% to the Mietspiegel rent. Compare the result with your net rent per square metre.
- 4
An example
If the comparable rent is €12.00/m², €13.20/m² is allowed. At €15.00/m² and 70 m², you pay €126 a month too much.
- 5
Check the exceptions
The Mietpreisbremse does not apply if the previous tenant already paid more. It also does not apply to new builds or after full modernisation.
- 6
Send your objection early
If your rent is higher, send an objection (Rüge) in text form soon. You can send it by letter, email or fax.
Why this matters
Under § 556d Abs. 1 BGB, the rent at the start of a tenancy can be at most 10 per cent above the local comparable rent. Anything above that is void. You claim it back with an objection under § 556g BGB.
General information, not legal advice.
Frequently asked questions
Do I need a lawyer to send the Rüge?
No, you can write the Rüge yourself and send it by letter, email or fax. It must clearly say that you object to the rent because it breaks the Mietpreisbremse.
How far back can I reclaim rent I overpaid?
You can reclaim overpaid rent up to 30 months back, counted from the start of the tenancy and not from the objection, if you send the Rüge in time (§ 556g BGB). So act early.
Does the landlord have to tell me about an exception?
If the landlord relies on an exception such as the previous rent, a new build or modernisation, they must tell you in text form before you sign (§ 556g Abs. 1a BGB). If they do not, the exception does not apply.
Also in this topic: Modernisierung: tenant rights & rent increaseChecking a Staffelmiete or IndexmieteIs your Indexmiete increase correct? How to checkAll guides: Rent & rent increases
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