Overview
- The federal government has extended the Mietpreisbremse legal framework through 31 December 2029 but left it to each state to designate which areas the rule applies to.
- In designated areas initial rents are generally limited to at most 10% above the local Mietspiegel's customary comparative rent, with the net cold rent usually used for the comparison.
- Statutory exceptions can lawfully allow higher rents for cases such as a valid prior rent, first rental after major modernisation, or new buildings and landlords must inform prospective tenants of such exceptions before contract acceptance.
- Tenant advocates and recent reporting say some landlords try to dodge the cap by using commercial or third-party contracts that on paper classify apartments as business leases, a tactic that can leave vulnerable household members paying higher sums.
- Tenants who suspect overcharges should obtain the local Mietspiegel data, demand the landlord's disclosure, file a text-form rüge to preserve the right to reclaim overpayments (generally possible if raised within the statutory 30-month window), and seek help from a Mieterverein or legal counsel rather than withholding rent.