The Mietpreisbremse: checking if your rent is illegally high

What it is and why it exists

The Mietpreisbremse is Germany's answer to runaway rents in hot markets. When a landlord re-lets an existing apartment, it limits the new rent to at most 10% above the ortsübliche Vergleichsmiete (the local comparative rent for similar flats). It doesn't touch your rent during an ongoing tenancy - that's governed by separate increase rules in The German rental contract - it targets the moment of a new contract, where landlords otherwise reset to whatever the desperate market will bear.

Key framing: it's a cap on the starting rent of a new tenancy, in areas the state has officially designated as having a "strained housing market" (angespannter Wohnungsmarkt).

Extended to 2029

Originally due to lapse, the Mietpreisbremse was extended by the Bundestag in 2025 to run until 31 December 2029. So it's live and relevant for anyone signing a new lease now in a covered area. States must (re)designate the specific municipalities by ordinance; as of early 2026 the caps apply in 814 municipalities across 14 of the 16 federal states - every state except Saarland and Sachsen-Anhalt uses it somewhere.

Whether it applies to *you* depends on whether your specific municipality is designated - check your city/state's Mietpreisbremse ordinance.

The 10% rule and the ortsübliche Vergleichsmiete

The cap is local comparative rent + 10%. Everything hinges on establishing that comparative rent:

• The ortsübliche Vergleichsmiete is the typical rent for comparable flats (size, location, condition, age) in your area.
• The main tool for pinning it down is the Mietspiegel - an official local rent table most larger cities publish. A qualifizierter Mietspiegel (statistically robust) carries strong legal weight.
• Your new rent may not exceed that comparative rent by more than 10%. If it does, the excess is challengeable.

Example: if comparable flats rent for €12/m² and your 60 m² flat's comparative rent is ~€720 cold, the maximum lawful new rent is ~€792 (720 + 10%). A €900 cold rent would be ~€108/month too high - reclaimable once you challenge it.

The exceptions (where the cap doesn't bite)

The Mietpreisbremse has significant carve-outs. It does not limit the rent if:

These exceptions are why some legitimately high rents aren't challengeable - always check whether one applies before assuming you've been overcharged.

It's not automatic: the qualifizierte Rüge

The rule that trips up tenants: the Mietpreisbremse does not refund you automatically. You only get overpaid rent back from the point you formally challenge it. The steps:

1. Check your rent against the Mietspiegel / comparative rent. Confirm your municipality is covered and no exception applies.
2. Send the landlord a written challenge - the "qualifizierte Rüge" (in text form: email/letter). You must state that you consider the rent too high under the Mietpreisbremse. (The requirement to itemise detailed reasons has been eased - a clear written objection is what matters.)
3. From the date of that Rüge, you can demand repayment of the excess going forward, and pay only the lawful rent thereafter. Rent overpaid before the Rüge is generally not recoverable - which is why you should challenge early, ideally right after moving in if the rent looks high.
4. If the landlord disputes it, a Mieterverein or a rent-check service can pursue it; the burden is largely on the landlord to justify the rent (e.g. by proving an exception).

Because the clock on refunds starts at the Rüge, the practical advice is: if you suspect your new rent is too high, challenge it promptly rather than waiting.

Your right to ask the landlord (Auskunftsanspruch)

A tool that makes the exceptions checkable: you have a legal right to information (Auskunftsanspruch) - the landlord must, on request, disclose the facts that would justify a rent above the cap. Specifically, whether they're relying on the previous tenant's rent (Vormiete), a modernisation, or the new-build exemption. If they claim an exception, they must substantiate it; if they can't, the cap applies. Put the request in writing alongside your Rüge.

Kappungsgrenze: the separate cap on increases during your tenancy

Don't confuse two different protections:

• Mietpreisbremse caps the starting rent of a new contract (this guide).
• The Kappungsgrenze caps increases while you already live there - a landlord may raise the rent to the local comparative level by at most 20% over three years, or 15% in tight-market areas (§558 BGB). Details in The German rental contract.

So even if your initial rent was lawful, later increases have their own ceiling - both are worth knowing.

When the rent isn't just too high but illegal (Mietwucher)

Beyond the Mietpreisbremse's 10%, extreme overcharging is a separate, more serious matter:

• Mietpreisüberhöhung (§5 WiStG): charging more than 20% over the comparative rent while exploiting a scarce housing market is an administrative offence - the excess is void and reclaimable, and it can carry a fine.
• Mietwucher (§291 StGB): charging more than 50% over the going rate while exploiting someone's plight is a criminal offence.

These sit above the Mietpreisbremse and apply even in areas without a rent-cap ordinance - useful if you're being gouged in an uncovered town.

How to check your rent, quickly

1. Find your city's Mietspiegel (search "Mietspiegel + your city") and locate the bracket for your flat's size, age, and location.
2. Add 10% to that comparative figure - that's your lawful ceiling.
3. Compare to your Kaltmiete (the cap is on cold rent, not Warmmiete - see Kaltmiete, Warmmiete and the Nebenkosten settlement).
4. If you're over, verify your municipality is designated and no exception (new-build/modernisation/Vormiete) applies.
5. If it still looks too high, send the qualifizierte Rüge.

Several online rent-check tools and tenants' associations (Mieterbund) will run this comparison for you and even handle the challenge. Legal-tech services (Conny/wenigermiete and similar) will assess and pursue a Mietpreisbremse claim on a no-win-no-fee basis, taking a cut of what they recover - convenient if you'd rather not do the Rüge yourself, though a Mieterverein membership is cheaper if you'll use it more than once.

No Mietspiegel in your town? Smaller municipalities may lack one. The comparative rent can then be shown via comparable flats, a rent database, or an expert opinion (Sachverständigengutachten) - harder, but the cap still applies where the area is designated. A Mieterverein or legal-tech service is worth it here.

Frequently asked questions