Rent Brake (Mietpreisbremse) 2026: Does It Apply? Calculator, Complaint & Refund
Found a new apartment — and the rent seems too high
You sign the lease because the apartment is right. The price? "That's just the market." What many people don't know: in most major German cities, landlords cannot charge whatever they want when renting out an apartment. The Mietpreisbremse (rent brake) caps rent at no more than 10% above the local comparative rent. If you're paying too much, you can reclaim the overpayment — retroactively from day one.
What the Mietpreisbremse regulates
Section 556d of the German Civil Code (BGB) sets the ceiling: in areas with tight housing markets, the rent at the start of a new tenancy may not exceed the local comparative rent (ortsübliche Vergleichsmiete) by more than 10%.
The local comparative rent reflects what is typically paid for comparable apartments (location, size, amenities, construction year) in the same municipality. The primary source for this figure is your city's Mietspiegel (rent index).
Example calculation: The Mietspiegel shows 9.50 EUR/m² for your apartment. The maximum is therefore 10.45 EUR/m² (9.50 + 10%). For a 70 m² apartment, that means a maximum cold rent of 731.50 EUR. If you're paying 850 EUR, you're overpaying by 118.50 EUR every month.
Where does the Mietpreisbremse apply?
The rent brake doesn't apply everywhere automatically. Each federal state (Bundesland) must designate which municipalities have a "tight housing market" by issuing a regulation. As of 2026, 14 out of 16 states have done so. Only Saarland and Sachsen-Anhalt have not.
Over 800 municipalities across Germany are covered, including all major cities: Berlin, Hamburg, Munich, Cologne, Frankfurt, Stuttgart, Düsseldorf, Leipzig, Dresden, and many more.
Bavaria recently expanded its list to 285 municipalities (January 2026). To check whether your city is covered, visit your state government's website or contact your local tenant association (Mieterverein).
Extended until 2029
The Mietpreisbremse was originally designed as a temporary measure. Introduced in 2015, extended once in 2020, it was extended a second time in June 2025 — this time until 31 December 2029. The Federal Constitutional Court confirmed its constitutionality again in early 2026 (BVerfG, decision of 08.01.2026, 1 BvR 183/25).
Three exceptions you need to know
The rent brake doesn't apply in every case. Section 556f BGB lists two key exceptions, Section 556e a third:
1. New construction (first occupied after 01.10.2014) Apartments first used and rented after 1 October 2014 are fully exempt. The rationale: building new housing should not be penalized.
2. Comprehensive modernization If the apartment was so extensively modernized before re-letting that it essentially equals a new build, the brake doesn't apply either. Modernization costs must reach approximately one-third of new construction costs. A new kitchen or renovated bathroom alone doesn't qualify.
3. Previous tenant's rent (Section 556e BGB) If the previous tenant was already paying above the rent brake limit, the landlord may maintain that level. The old rent effectively becomes the new floor.
How to enforce your rights: the Rüge
You suspect your rent exceeds the legal limit? You need to take action. Nothing happens on its own.
Step 1: Determine the comparative rent. Use your city's qualified Mietspiegel (often available online for free) or ask your local tenant association. Note the comparative rent for your apartment category.
Step 2: Calculate the maximum permissible rent. Comparative rent × 1.10 = maximum. If your actual cold rent is higher, you're overpaying.
Step 3: Send a Rüge (formal complaint) to your landlord. You must notify the landlord in writing that the rent exceeds the limit under Section 556d BGB. Since the 2019 reform, a simple Rüge is sufficient — no detailed calculation required.
Your Rüge should include:
- Your address and the date of the lease
- The agreed cold rent
- A statement that the rent exceeds the permissible level under § 556d BGB
- A request to reduce the rent to the legal maximum
- A reservation of your right to reclaim overpaid rent
Send it by registered mail.
Step 4: Pay less from now on. After the Rüge, you only owe the legally permissible rent. You may reduce your payments accordingly.
Reclaim overpaid rent — retroactively
A point many people miss: if you send the Rüge within the first 30 months of your tenancy, you can reclaim overpayments from day one of the lease (Section 556g(2) BGB).
If you wait longer than 30 months, you can only reclaim from the month of the Rüge onward.
With a monthly overpayment of 150 EUR and a Rüge after 12 months, that means: 1,800 EUR back. Worth the effort.
The general statute of limitations is three years (Section 195 BGB). Don't wait too long.
Common mistakes — and how to avoid them
| Mistake | Consequence |
|---|---|
| Never sent a Rüge | No claim — neither for rent reduction nor for refund |
| Rüge sent after 30 months | Refund only from the month of the Rüge, not retroactively |
| Compared warm rent instead of cold rent | The Mietpreisbremse applies to net cold rent (Kaltmiete) only |
| Overlooked the new-build exception | Apartments first occupied after 01.10.2014 are exempt |
| Used the wrong Mietspiegel | Always use the current, qualified Mietspiegel for your city |
What the landlord must disclose
Since 2020, landlords have a pre-contractual disclosure obligation (Section 556g(1a) BGB). If they rely on an exception (new build, modernization, previous rent), they must disclose this voluntarily before signing the lease. If they fail to do so, they cannot invoke the exception for the first two years.
Mietpreisbremse vs. rent increase — what's the difference?
The rent brake only applies to the initial rent when a new tenancy begins. Rent increases during an ongoing tenancy follow different rules: the Kappungsgrenze (Section 558(3) BGB) limits increases to a maximum of 20% within three years (15% in tight markets).
Both mechanisms protect tenants — but at different points. Read more about rent increases in our article Rent Increase 2026: Cap Limits, Rent Brake & How to Object.
How MieterHelfer helps
Not sure whether the Mietpreisbremse applies to your apartment? Or what the maximum legal rent should be? Describe your situation — for example, "I'm paying 12 EUR per square meter in Leipzig, built in 1975, 65 m². Is that too much?". MieterHelfer checks the legal situation and gives you an assessment.
Free, no registration required. Not a substitute for a lawyer — but the fastest way to find out if you're overpaying.