Furnished flat in Germany: does the Mietpreisbremse apply?

When the Mietpreisbremse (rent brake) also covers furnished flats, and how to get back rent that is too high.

BildProof RedaktionUpdated 9/30/20263 min readGermany
In short

The Mietpreisbremse applies to furnished flats too, unless the flat is let only for temporary use. The landlord can add a reasonable surcharge for the furniture. You get overpaid rent back with a Rüge (formal complaint about the rent).

How to check the rent for a furnished flat

Four figures and one question decide whether your rent is allowed.

  1. 1

    Does the Mietpreisbremse apply?

    The Mietpreisbremse applies if your municipality is listed in your federal state's regulation.

  2. 2

    Find the local comparable rent

    Look up the local comparable rent in the Mietspiegel (local rent index). Use the figure for a comparable unfurnished flat.

  3. 3

    Add 10 %

    The local comparable rent plus 10 % is the cap for the flat without furniture.

  4. 4

    Add the furniture surcharge

    The surcharge must be reasonable for the value of the furniture that is really in the flat.

  5. 5

    Check the exceptions

    The exceptions are temporary use, a new build, a comprehensive modernisation and a higher previous rent.

  6. 6

    Send a Rüge

    If the rent is too high, send the landlord a Rüge in text form, ideally within the first 30 months.

Why this matters

Under § 556d BGB, the rent in a Mietpreisbremse area can be at most 10 % above the local comparable rent, furnished or not. How much the landlord can add for the furniture depends on what was really in the flat when you moved in.

General information, not legal advice.

Frequently asked questions

How do I find out whether the Mietpreisbremse applies?

Your federal state's Mietpreisbegrenzungsverordnung (rent-cap regulation) lists the municipalities where the Mietpreisbremse applies. You find the local comparable rent in the local Mietspiegel.

How high can the furniture surcharge be?

The furniture surcharge has to match the value of the furniture. The law sets no fixed formula today. The usual starting point is the current value of the furnishings.

Is the law on furnished rents about to change?

A government bill on furnished rents had its first reading in the Bundestag in July 2026. It would require landlords to state the surcharge in advance and limit temporary use to six months as a rule. As of September 2026 it is not yet law.

More on this

Also in this topic: Kaution for a Zwischenmiete: amount, return, deductionsZwischenmiete: contract, permission and liabilityFinding a Zwischenmieter without landlord troubleAll guides: Furnished & short-term letting

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