Mietpreisbremse in Germany: how to check your rent and reclaim overpayments

Mietpreisbremse limits the starting rent for a new tenancy in areas with a tight housing market. In those places, a landlord usually cannot charge more than 10% above the local comparative rent, the ortsuebliche Vergleichsmiete, which is most often checked through the Mietspiegel. The rule is useful for tenants, but it does not work automatically: the tenant has to review the contract and submit a written complaint.

The material below explains the general procedure for Germany. In disputed cases, it is worth checking the specific Landesverordnung of your federal state and getting advice from a Mieterverein, a lawyer specializing in Mietrecht, or through legal insurance.

Where Mietpreisbremse applies

Mietpreisbremse applies only where a federal state has declared a city or district to be an area with a strained housing market by regulation. Federal law gives the states the right to introduce such zones; it does not automatically apply the cap throughout Germany.

In 2026, the federal legal basis has been extended until the end of 2029, but the list of cities and the expiry dates of specific regulations differ from state to state. Before checking a lease, you need to clarify three things:

1. whether Mietpreisbremse applies in your federal state;
2. whether your city or district is included in the current regulation;
3. whether the local Mieterschutzverordnung or a similar state measure is still in force.

This information is usually published on the websites of the state government, the city, the Verbraucherzentrale, the Mieterverein, or in reference materials for the local Mietspiegel. If a city is not included in the state regulation, you generally cannot rely on Mietpreisbremse to reduce a new rent.

How the allowed rent is calculated

The basic rule from Section 556d BGB is simple: for a new residential lease in a Mietpreisbremse area, the starting Kaltmiete must not exceed the local comparative rent by more than 10%.

Calculation example:

Item	Amount
Mietspiegel for a similar apartment	8.50 euros/m2
Permitted 10% surcharge	0.85 euros/m2
Estimated limit	9.35 euros/m2

If the contract says 11 euros/m2, the difference between the contractual price and the allowed limit may justify a complaint. But the calculation has to be done carefully: the result depends on the district, year of construction, condition of the apartment, Ausstattung, size, energy characteristics, and possible exceptions.

When the rule does not help

Before disputing the rent with the landlord, it is important to check the exceptions. In some situations, a high price may still be lawful even in a city where Mietpreisbremse applies.

New buildings

Mietpreisbremse does not apply to housing that was first used and first rented out after October 1, 2014. This exception is stated in Section 556f BGB. The landlord has to inform the tenant about this basis if they want to rely on it.

First rental after extensive modernization

If the apartment is rented out for the first time after an umfassende Modernisierung, the cap also does not apply. This does not mean cosmetic repairs, but a major upgrade that is close in significance to creating new housing. If the apartment has already been rented to another tenant after the modernization, this exception usually no longer applies to the next lease.

There are separate rules on rent increases after modernization under Section 559 BGB. They are not the same as being free to set any new price and require a separate review.

Previous high rent

If the previous tenant was already paying more than the limit, Section 556e BGB may allow the landlord to keep that previous rent level for the new lease. But the landlord does not gain the right to raise the price even further just because the prior rent was high.

Furnished apartment

For furnished housing, an extra charge for furniture is possible: Moeblierungszuschlag. The law does not provide a single formula for calculating this surcharge, which is why disputes over furnished apartments are more difficult. In practice, people look at the value, age, and condition of the furniture, as well as whether the furniture surcharge can be separated from the base Kaltmiete.

Temporary accommodation

Mietpreisbremse does not apply to housing that is rented only for temporary use, for example some Ferienwohnungen or short-term accommodation options. If a contract is formally described as temporary but in reality resembles a standard long-term rental, the issue may be disputed.

Staffelmiete and Indexmiete

With a Staffelmiete, future rent increases are set out in advance. The starting rent and later steps have to be reviewed with Mietpreisbremse in mind if the lease falls under this regime.

With an Indexmiete, the rent is linked to the consumer price index, the Verbraucherpreisindex. For a new lease, Mietpreisbremse may apply to the starting price, but later index-based increases are assessed under the rules for index-linked rent. An index-linked rent can usually be increased no more than once a year and only if the formal requirements of the contract and the law are met.

How to check your apartment

Start with documents and open sources. The better prepared your calculation is, the better your chance of resolving the issue without court.

1. Check whether Mietpreisbremse applies in your city or district.
2. Find the current Mietspiegel: a simple one or a qualified qualifizierter Mietspiegel.
3. Compare the apartment by the key characteristics: size, district, year of construction, condition, Ausstattung, floor, and energy data.
4. Calculate the estimated Vergleichsmiete and add 10%.
5. Check for exceptions: new building, extensive modernization, previous high rent, furniture surcharge, temporary use.
6. Ask the landlord for missing information if the price cannot be assessed without it.

If you are still looking for housing, it is usually safer in practice to first rent housing in Germany, and only after signing and moving in calmly review the lease. A complaint under Mietpreisbremse does not by itself end the tenancy.

How to file a complaint with the landlord

To reclaim overpayments, you need a Ruege: a written complaint to the landlord. It usually states that the rent violates Mietpreisbremse, names the relevant Mietspiegel, and asks for the Kaltmiete to be reduced to the lawful level.

Practical order of steps:

1. prepare the calculation and references to the Mietspiegel;
2. check the exceptions the landlord may rely on;
3. send the complaint in writing, preferably in a way that confirms delivery;
4. ask for a reduction of future rent and reimbursement of overpayments;
5. keep the lease, correspondence, payments, and the landlord’s response.

For contracts concluded on or after April 1, 2020, overpayments can be claimed from the start of the tenancy if the complaint is filed within 30 months after the beginning of the Mietverhaeltnis. If you apply later, reimbursement is usually limited to the period after the complaint was filed. For older contracts and more complex cases, the deadlines should be checked individually.

Where to get support

There is no single authority for Mietpreisbremse that will review all leases on its own and force landlords to reduce the rent. Enforcing the right usually starts with the tenant’s own initiative.

Helpful options include:

• a local Mieterverein, Mieterschutzbund, or another tenants’ association;
• a lawyer specializing in Mietrecht or legal advice on tenancy law;
• legal insurance, if it covers tenancy disputes;
• the Verbraucherzentrale or city advice services, if they are available in your region.

Joining a Mieterverein is often useful in advance: many associations advise on the Mietspiegel, letters to landlords, and the prospects of legal action.

How much a dispute can cost

If an agreement cannot be reached, the tenant may go to court. The risk is that court and lawyer costs depend on the Streitwert, the value of the dispute. In rent-reduction cases, this is often calculated from the economic benefit of lowering the monthly rent over a defined period.

Simplified example: if a tenant pays 1,000 euros Kaltmiete and the permissible rent under the calculation is 920 euros, the disputed difference is 80 euros per month. The value of the dispute and then the costs are calculated from that difference. The exact amount depends on the procedural situation, the court instance, whether lawyers and expert reports are involved, and the outcome of the case.

If the court upholds the claim only in part, the costs may be split proportionally between the parties. That is why it makes sense to assess the prospects with a Mieterverein, a lawyer, or an insurer before filing suit.

What the landlord risks

Mietpreisbremse in the BGB primarily gives the tenant a tool to reduce an excessive rent and reclaim overpayments. It does not impose a separate automatic penalty for each overpriced lease.

In serious cases, other rules may come into play, for example Section 5 Wirtschaftsstrafgesetz on Mietpreisueberhoehung or Section 291 StGB on Wucher. But that is a higher threshold: usually you have to prove not just that the rent exceeds the Mietspiegel, but also additional circumstances, such as exploiting the tenant’s weak position.

Frequent tenant mistakes

• Checking only the average prices in listings instead of the Mietspiegel.
• Comparing apartments without accounting for the district, size, condition, and Ausstattung.
• Ignoring the exceptions for new buildings and extensive modernization.
• Sending a verbal complaint without proof of its date and content.
• Going to court without assessing the costs and the evidence.
• Assuming that Mietpreisbremse works the same way all across Germany.

FAQ

Can you complain immediately after moving in?

Yes. If the lease has already been signed, the tenant can review the price and submit a Ruege. The complaint itself does not give the landlord the right to simply evict the tenant.

Do you need to prove the calculation down to the last euro?

For the first complaint, it is usually enough to indicate the violation and the basis for it. But for negotiations and especially for court, you need a careful calculation based on the Mietspiegel and the apartment’s characteristics.

Can part of the deposit be reclaimed?

If the permissible Kaltmiete is reduced, the basis for calculating the deposit may also change. The issue depends on the lease and the actual amount of the deposit.

What if the landlord refers to the previous high rent?

Ask for written information about the previous price and check when and under what conditions it applied. This is one of the typical exceptions, but it does not always apply automatically.