The Mietpreisbremse: checking if your rent is illegally high

Rent control in tight markets: the Mietspiegel +10% cap, exemptions landlords use, how to demand disclosure and reclaim overpaid rent with the Rüge letter.

Last updated: July 13, 2026

How do you know if your German rent is too high?

In designated tight-market cities (Berlin, Munich, Hamburg, Frankfurt and 400+ municipalities), new leases may exceed the local Mietspiegel comparable rent by at most 10%. Check your street's Mietspiegel value online, and if your Kaltmiete sits above +10%, a formal Rüge (complaint) letter caps future rent and reclaims the excess - services do it on contingency.

The rules and the loopholes (both matter)

The cap binds NEW leases in designated areas. Landlords escape via: new construction (first use after Oct 2014), comprehensive modernization (defined thresholds), or a lawfully-high PREVIOUS rent (Vormiete privilege - the workhorse exemption). Since 2020 landlords must DISCLOSE claimed exemptions proactively/on request; silence weakens their case. Furnished-flat surcharges hide overcharges too - furniture justifies a calculable premium, not a lawless one.

The check-and-claim sequence

Mietspiegel lookup (official city calculators - your address, year, features → €/m² band)
Your Kaltmiete ÷ m² vs band+10%: over? Continue
Auskunftsverlangen: written demand for the Vormiete and exemption claims (template letter - they must answer)
The Rüge: formal complaint citing §556g BGB - from receipt, excess rent above the cap refunds and future rent caps ⚠️ VERIFY current retroactivity extent
DIY with Mieterverein backing (€60-100/year, guide) or contingency services, you lift no pen)

Fear check: retaliation eviction for exercising rights is essentially impossible under German tenancy law (rental guide) - the Bremse exists to be used.

Frequently asked questions

Does it apply to my 2019 lease?

The Bremse tests the rent AT SIGNING against that year's rules; ongoing INCREASES follow separate caps (20%/15% in 3 years - rental guide).

Furnished temporary flats too?

Yes in principle - the furniture premium math is exactly where services.

My landlord claims modernization.

Demand the specifics (measures, costs, dates) - vague claims fail the disclosure duty.

Berlin's Mietendeckel ghost?

The hard cap was struck down in 2021; the Bremse SURVIVES and works. Different laws, eternal confusion.

New-build exemption forever?

First-occupancy-after-2014 buildings stay exempt - the date is the landlord's to prove.

Related guides

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