Question 1

What is the Mietpreisbremse (rent brake)?

Accepted Answer

The Mietpreisbremse (literally "rent brake") is a German law (§556d BGB) that limits how much landlords can charge for a new rental. In Berlin, landlords cannot charge more than 10% above the local comparable rent (Ortsübliche Vergleichsmiete) as defined by the official Mietspiegel table. The law applies to re-lettings when you sign a new lease on an apartment that was previously rented out. It does not apply to brand-new buildings completed after October 1, 2014.

Question 2

What is the Mietspiegel?

Accepted Answer

The Mietspiegel is the official Berlin rent index, published every two years by the Berlin Senate. It defines the "fair market rent" for apartments based on four factors: size (square metres), year of construction (Bezugsfertigkeit), location quality (Wohnlage — simple, medium, or good), and features (Ausstattungsmerkmale — bathroom quality, heating, floor type, etc.). RentAudit uses the Mietspiegel 2024, the most current official table.

Question 3

Does the rent brake apply to my apartment?

Accepted Answer

The Mietpreisbremse applies to your apartment if you have a standard residential lease (Wohnraummietvertrag), the apartment is in Berlin, you signed the lease after June 1, 2015, the building was completed before October 1, 2014, and the apartment was not comprehensively modernised before your tenancy. It does not apply to new builds after 2014, first-time lettings, furnished short-term rentals, or commercial properties.

Question 4

How much can my landlord legally charge?

Accepted Answer

The legal maximum is the Mietspiegel base rent plus 10%, plus any applicable surcharges for premium features. For example, if the Mietspiegel table shows €9.50/m² for your apartment type, the maximum rent is €9.50 × 1.10 = €10.45/m². On a 60m² apartment, that is a maximum of €627/month in base rent (Nettokaltmiete). Anything above this limit is potentially illegal and you may be entitled to a refund.

Question 5

How do I find out if I'm paying too much?

Accepted Answer

Run a free RentAudit — it takes 30 seconds. You enter your apartment details (address, size, year built, features) and we calculate your legal maximum rent against the Mietspiegel 2024. If your current rent exceeds the legal cap, we show you exactly how much you are overpaying per month and per year, and you can download a formal landlord letter to start the reclaim process.

Question 6

What is Nettokaltmiete vs total rent?

Accepted Answer

German leases split rent into two parts. Nettokaltmiete is the base rent (without utilities) — this is what the Mietspiegel and Mietpreisbremse regulate. Betriebskosten (Nebenkosten) are operating costs (water, heating, building maintenance, etc.) which are added on top and are not capped by the rent brake. When checking your rent on RentAudit, enter only your Nettokaltmiete, usually listed on your lease as Grundmiete or Nettomiete.

Question 7

What do I need to do to claim a refund?

Accepted Answer

To trigger your rights under the Mietpreisbremse, you must send your landlord a written Rüge (formal objection). Step 1: Run an audit on RentAudit to get your numbers. Step 2: Download the formal landlord letter (available in English and German). Step 3: Send it to your landlord — ideally by registered post (Einschreiben) so you have proof of delivery. Step 4: After the Rüge, you can claim refunds for overpayments going back up to 30 months before the date the letter was received.

Question 8

Can my landlord evict me for complaining about rent?

Accepted Answer

No. A termination issued solely because you sent a Mietpreisbremse Rüge is unlawful. Under § 573 BGB, the landlord needs a legitimate interest (such as personal need or serious breach of contract) to terminate an ordinary tenancy — exercising your statutory tenant rights is not such an interest. A retaliatory termination can additionally be challenged as a violation of § 242 BGB (good faith).

Question 9

How far back can I claim overpaid rent?

Accepted Answer

It depends on when you send the Rüge. If your Rüge reaches the landlord within 30 months of the start of your tenancy, you can reclaim overpayments back to the start. If it reaches them later, you can only reclaim from the date of receipt onward (§ 556g(2) sentence 3 BGB). Earlier action = more reclaim.

Question 10

Do I need a lawyer?

Accepted Answer

No lawyer is legally required for the Rüge — tenants can send it themselves. RentAudit provides a tool to generate a Rüge template based on your input. RentAudit is not a law firm and does not provide legal services under the RDG — we provide a template generation tool. You sign and send the letter yourself. If your landlord disputes your claim, options include the Mieterverein Berlin (tenant association, ~€100/year), legal aid (Beratungshilfe), or Schlichtungsstelle (mediation).

Question 11

I signed my lease before fully understanding it — is it too late?

Accepted Answer

No, it is not too late. Your right to invoke the Mietpreisbremse does not expire just because you have been in the apartment for years. What matters is the 30-month lookback window from when you send the Rüge — so earlier is better, but it is never too late to start. As long as your lease was signed after June 2015 and the building was built before 2014, you have a valid claim.

Question 12

Does it matter that I'm not a German citizen?

Accepted Answer

Not at all. The Mietpreisbremse applies to all tenants in Germany, regardless of nationality, citizenship status, or visa type. EU citizens, non-EU residents, and temporary workers all have the same tenant rights under German law. You do not need to speak German to assert your rights — the Rüge can be submitted in any form, though many tenant lawyers recommend sending the German version to avoid any ambiguity.

Question 13

My apartment was listed on Airbnb — am I protected?

Accepted Answer

It depends on the nature of your lease. If you have a standard long-term residential lease (Wohnraummietvertrag), you are protected by the Mietpreisbremse regardless of how you found the apartment. However, furnished short-term rentals (möblierte Kurzzeitvermietungen) are partially exempt. If you have a typical 12+ month unfurnished or semi-furnished lease, you almost certainly have full protection.

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