Berlin Rent Law FAQ

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 — i.e., 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.

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:

1. Size — square metres of the apartment
2. Year of construction (Bezugsfertigkeit) — when the building was completed
3. Location quality (Wohnlage) — simple, medium, or good
4. Features (Ausstattungsmerkmale) — bathroom quality, heating, floor type, etc.

RentAudit uses the Mietspiegel 2024, the most current official table.

The Mietpreisbremse applies to your apartment if all of the following are true:

✓ You have a standard residential lease (Wohnraummietvertrag)
✓ The apartment is in Berlin (a designated "tight housing market")
✓ You signed the lease after June 1, 2015
✓ The building was completed before October 1, 2014
✓ 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.

The legal maximum is: Mietspiegel base rent + 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's a maximum of €627/month in base rent (Nettokaltmiete).

Anything above this limit is potentially illegal and you may be entitled to a refund.

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're overpaying per month and per year, and you can download a formal landlord letter to start the reclaim process.

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German leases split rent into two parts:

Nettokaltmiete — the base rent (without utilities). This is what the Mietspiegel and Mietpreisbremse regulate.

Betriebskosten (Nebenkosten) — operating costs (water, heating, building maintenance, etc.). These are on top and are not capped by the rent brake.

When you check your rent on RentAudit, enter only your Nettokaltmiete. This is usually listed separately on your lease under "Grundmiete" or "Nettomiete".

No. There is one exception: if the rent charged to the previous tenant was already above the Mietpreisbremse limit, a landlord can charge you the same amount (the "Bestandsmietenschutz" — pre-existing rent protection clause).

However, the landlord must proactively disclose the previous rent to you before you sign the lease. If they did not, you may still have a valid claim — even if the previous rent was higher. This is a complex area; consider consulting a Mieterverein (tenant association) for your specific case.

To trigger your rights under the Mietpreisbremse, you must send your landlord a written Rüge (formal objection). This is a legal requirement — without it, you cannot claim past overpayments.

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.

No. German law strictly prohibits retaliatory evictions (§569 BGB). A landlord cannot terminate your lease because you exercised your legal right to object to an excessive rent.

German tenants have very strong eviction protections in general. A landlord can only terminate an unlimited lease for specific legal reasons (e.g., own-use needs — Eigenbedarf, or serious breach of contract). Simply asserting your rent brake rights is not a valid reason.

If you feel threatened, contact your local Mieterverein immediately.

Once you send a valid Rüge (formal objection letter) to your landlord, you can claim refunds for overpayments made up to 30 months before the date your landlord received the letter.

This is why acting quickly matters. Every month you delay is one fewer month you can recover. A tenant who sends their Rüge today and was overpaying by €200/month could recover up to €6,000.

Note The general statute of limitations under German law is 3 years, but for Mietpreisbremse claims the specific 30-month backdating rule applies from the date of receipt of the Rüge.

For the initial Rüge letter, no lawyer is required. The formal objection simply needs to state clearly that you are invoking your rights under the Mietpreisbremse. RentAudit generates this letter for you.

If your landlord disputes your claim or refuses to reduce the rent, you may need to escalate. Options include:

Mieterverein Berlin — tenant association, very affordable membership (~€100/year), includes legal advice and representation.
Legal aid (Beratungshilfe / Prozesskostenhilfe) — available if your income is below a threshold.
Schlichtungsstelle — voluntary mediation before going to court.

No, it is not too late. Your right to invoke the Mietpreisbremse does not expire just because you've 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's never too late to start.

Many expats discover their rights months or years into their tenancy. As long as your lease was signed after June 2015 and the building was built before 2014, you have a valid claim.

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 (RentAudit provides an English version), though many tenant lawyers recommend sending the German version to avoid any ambiguity.

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. Landlords may charge a reasonable surcharge for furnishing. If the surcharge is excessive relative to the furniture value, it can still be challenged, but this is more complex.

If you have a typical 12+ month unfurnished or semi-furnished lease, you almost certainly have full protection.