Mietpreisbremse check: Am I paying too much rent? (2026)

What is the Mietpreisbremse?

The Mietpreisbremse (rent cap) limits what a landlord may charge when letting a flat to a new tenant. In an area that the federal state has designated by ordinance as a strained housing market, the rent at the start of a new tenancy may exceed the ortsübliche Vergleichsmiete (locally customary comparative rent) by at most 10% (§ 556d Abs. 1 BGB).

If your rent is higher than that, the excess is invalid. You do not have to pay it — and under certain conditions you can reclaim amounts you have already paid.

Does the Mietpreisbremse apply to my flat?

Two conditions must be met:

1. A designated area. Your city or district must be designated a strained housing market by state ordinance. With the 2025 extension, the scope was widened to around 627 municipalities.
2. A new tenancy. The Mietpreisbremse applies at the start of a tenancy, not to ongoing rent increases within an existing contract.

The Mietpreisbremse was extended in summer 2025 and now runs nationwide until 31 December 2029.

How do I check whether I am paying too much?

You need two figures: your agreed Nettokaltmiete (net cold rent) per square metre, and the ortsübliche Vergleichsmiete for a comparable flat. The comparative rent usually comes from the local Mietspiegel (rent index).

The maximum permitted rent is the comparative rent plus 10%.

Example	Value
Ortsübliche Vergleichsmiete	€12.00/m²
Permitted surcharge (10%)	€1.20/m²
Maximum permitted rent	€13.20/m²
Actually agreed	€15.00/m²
Excess per m²	€1.80/m²

For a 70 m² flat, that example works out to €126 too much per month — money you can claim back.

When does the Mietpreisbremse not apply?

There are fixed exceptions. In these cases the landlord may charge more even in a designated area:

Exception	Rule
Vormiete (§ 556e BGB)	If the previous tenant's rent was already higher than otherwise permitted, that level may be passed on (existing-rent protection).
Neubau (§ 556f BGB)	Flats first used and let after 1 October 2014 are exempt.
Umfassende Modernisierung (§ 556f BGB)	The first letting after a comprehensive modernisation is not subject to the cap.

Important: if the landlord relies on one of these exceptions, they must inform you in text form, unprompted, before you sign the contract (§ 556g Abs. 1a BGB). If they fail to disclose it, they cannot rely on the exception — and the normal 10% cap applies.

How do I reclaim overpaid rent?

The decisive tool is the qualifizierte Rüge (qualified challenge, § 556g Abs. 2 BGB). This is a written objection sent to the landlord in text form — a letter, email or fax is enough (§ 126b BGB).

From the moment the Rüge reaches the landlord, you have a claim to repayment of the overpaid amounts. Since the 2019 reform, repayment is possible retroactively up to 30 months from the start of the tenancy, provided the Rüge is made within those 30 months.

Important: The 30-month window runs from the start of the tenancy. If you wait too long, you can only reclaim from the date of the Rüge onward, not retroactively. So check your rent early and issue the Rüge promptly.

Common mistakes

• Waiting too long. The retroactive claim of up to 30 months is tied to the window from the start of the tenancy. Acting late costs real money.
• Objecting only verbally. The Rüge needs text form. A conversation is not enough and cannot be proven later.
• Comparing the gross rent. The comparison uses the Nettokaltmiete per square metre, not the warm rent including Nebenkosten (service charges).
• Accepting exceptions unchecked. If the landlord claims a higher Vormiete or a Modernisierung without having informed you in text form before signing, the exception does not apply.

With HausMaus it's simpler

HausMaus is free for tenants and includes a Mietpreisbremse check. The app compares your rent with the ortsübliche Vergleichsmiete and shows whether it exceeds the legal cap under § 556d BGB. You can see at a glance whether you are paying too much — and you have the basis to issue a Rüge under § 556g BGB.