How to read and use the Mietspiegel as a tenant (2026)
How to read and use the Mietspiegel as a tenant
An official survey of the local comparable rent in your municipality (§ 558c BGB), your yardstick.
A qualified Mietspiegel (§ 558d BGB) is compiled on scientific principles and carries a presumption: in court, what it says is taken to be the local comparable rent unless proven otherwise.
§ 558 Abs. 2 BGBIn 60 seconds
The Mietspiegel is compiled or recognised by the responsible authority or jointly by landlord and tenant associations (§ 558c BGB).
You use it to check whether your rent is reasonable, whether an increase is lawful (§ 558 BGB) and whether the rent brake was observed (§ 556d BGB).
A qualified Mietspiegel is additionally compiled on scientific principles, adjusted every two years and re-compiled every four (§ 558d BGB).
Its presumptive effect is what matters: in court the figures are presumed to state the local comparable rent correctly. Anyone claiming otherwise must prove it.
You do not read off a single number but a range: lower value, middle, upper value; features of the flat move your figure within that range.
What the law says
The local comparable rent is formed from the usual payments agreed or changed in the municipality over the past six years for housing comparable in kind, size, fittings, condition and location. The Mietspiegel maps that comparable rent; under § 558d Abs. 3 BGB a qualified Mietspiegel gives rise to the presumption that the figures stated reflect it accurately. Working translation; the German original is the binding text.
Simple and qualified Mietspiegel
| Point | Simple (§ 558c BGB) | Qualified (§ 558d BGB) |
|---|---|---|
| Compilation | compiled or recognised by the municipality or associations | additionally on scientific principles |
| Updating | adjusted every 2 years | adjusted every 2 years, re-compiled every 4 |
| Evidential weight | an indication | a presumption (§ 558d Abs. 3 BGB) |
What you need the Mietspiegel for
| Situation | Yardstick | Provision |
|---|---|---|
| Checking a rent increase | local comparable rent + the cap | § 558 BGB |
| Checking a new contract (rent brake) | max. 10% over comparable rent | § 556d BGB |
| Placing your own rent | the range from the Mietspiegel | § 558c BGB |
Related: Checking a rent increase and Checking the rent brake.
What it means for each side
- Check the edition: an out-of-date Mietspiegel often shows higher figures.
- Place your flat yourself: age class, size, location.
- Read the whole range, not just the upper value.
- Check that any uplifts applied actually describe your flat.
- Cite the current Mietspiegel and the correct field.
- Name a figure within the range, not the upper value by default.
- Justify uplifts and reductions by the actual features.
- A qualified Mietspiegel carries furthest in court.
Common mistakes
An older edition is cited, showing higher figures.
The wrong age class or location, and so too high a range.
Features are counted that the flat does not have.
Only the top figure is quoted although your flat sits in the lower part.
What to do next
Get the current Mietspiegel, usually from your city's website or a tenants' association, and check the edition.
Place the flat: age class, size, location, that puts you in the right field.
Read the range and apply uplifts and reductions for the flat's features.
Scale the €/m² figure to your floor area and compare it with your net rent.
Frequently asked questions
What is the ortsübliche Vergleichsmiete?
The ortsübliche Vergleichsmiete (local comparable rent) is the usual rent for comparable housing, by type, size, fittings, condition and location, in the municipality, formed from rents agreed or changed over the last six years (§ 558 Abs. 2 BGB). The Mietspiegel maps it. It is the yardstick for rent increases (§ 558 BGB) and for the Mietpreisbremse (rent brake, § 556d BGB).
What is the difference between a simple and a qualified Mietspiegel?
A simple Mietspiegel (§ 558c BGB) is an overview created or recognised by the municipality or jointly by landlord and tenant associations. A qualifizierter Mietspiegel (§ 558d BGB) is additionally created and recognised according to accepted scientific principles. Its advantage: it carries a legal presumption. The figures it states are assumed to reflect the ortsübliche Vergleichsmiete.
How often is the Mietspiegel updated?
A Mietspiegel should be adjusted to market developments every two years. A qualifizierter Mietspiegel must be adjusted after two years and freshly compiled after four years (§ 558d Abs. 2 BGB). Always check the date of the Mietspiegel your landlord cites.
Does every city have a Mietspiegel?
Not every one, but more and more. Under the Mietspiegelreformgesetz (in force since 1 July 2022), municipalities with more than 50,000 inhabitants must produce a Mietspiegel. A simple one by 1 January 2023 and a qualified one by 1 January 2024. Where there is no Mietspiegel, the ortsübliche Vergleichsmiete can also be shown via comparable flats or an expert report.
How do I use the Mietspiegel to check my rent?
Place your flat into the right table row by age of building, size, location and fittings. You get a range with a midpoint; surcharges and deductions for individual features give you the concrete figure. Compare it with your rent: for a rent increase the Kappungsgrenze (rent-increase cap, § 558 Abs. 3 BGB) also applies; for a new letting in a tense market the Mietpreisbremse limits the rent to no more than 10 % above the Vergleichsmiete (§ 556d BGB).
- § 558 BGB
- § 556d BGB
- § 558c BGB
- § 558d BGB
- § 558c BGB, Mietspiegel (gesetze-im-internet.de)
- § 558d BGB, qualified Mietspiegel (gesetze-im-internet.de)
This page gives general information as at the date shown. It does not replace legal advice on an individual case.