Rent control still applies to a furnished flat – is your furnishing surcharge too high?
The furnishing surcharge must be shown separately and capped – if it isn't itemised, the flat counts as unfurnished.
Check your rent for freeDoes rent control apply to furnished flats?
Yes. Rent control (the Mietpreisbremse, § 556d BGB) generally applies to furnished and partly furnished residential tenancies too. Landlords may charge a furnishing surcharge for the furniture on top of the permissible net cold rent – but it must be shown separately in the contract and capped in amount. Under the "Mietrecht II" reform package [to be verified: exact wording of the act & 2026 entry into force], the surcharge may not exceed 10 % of the permissible base rent or around 1 % of the furniture's current value per month. If it is not shown separately, the flat counts as unfurnished – and the entire surcharge falls away.
The key facts at a glance.
Furnished flats and "temporary living" (Wohnen auf Zeit) are a popular way of seemingly getting around rent control. The added furnishing surcharge disguises the fact that the actual rent is far above the permitted limit. But the rules are clear – and they are on your side.
Rent control applies to furnished flats too
Surcharge must be shown separately
Cap: 10 % or 1 % of current value
Temporary living is no free pass
A furnishing surcharge is no licence to charge any rent.
If someone lets a flat with furniture, they may charge extra for it – the furnishing surcharge. This surcharge is meant to compensate for the depreciation of the furniture provided. It therefore relates exclusively to the furnishings, not to the flat itself.
The permissible base rent for the living space continues to be governed by rent control: at most 10 % above the local reference rent. The furnishing surcharge comes on top – but it may not be misused to disguise an excessive base rent.
This is exactly where many landlords start: instead of itemising the surcharge properly, they demand an opaque all-in rent where nobody can tell how much is for the flat and how much for the furniture. The law protects you against this kind of concealment.
Base rent remains capped
For the living space itself, the same upper limit applies as for any other flat – regardless of whether furniture is included.
Surcharge must be justifiable in amount
The extra charge is based on the current value of the furniture. A round flat-rate figure with no connection to the furniture's value can be challenged.
"All inclusive" is a warning sign
If only a total rent is stated without itemising the furnishing share, take a closer look – an excessive base rent is often hiding behind it.
Berlin model, Hamburg model and the new 2026 cap.
For a long time it was disputed how a furnishing surcharge should be calculated. The courts had developed two approaches, and the 2026 reform now introduces clear limits and a transparency requirement. These rules have to fit together for your surcharge to be permissible.
The "Berlin model"
Here a monthly percentage of the furniture's current value is applied – frequently around 1 % of the new value less wear and tear per month [to be verified: prevailing case law].
- Linked to the actual value of the furniture
- Decreases as the furniture ages
The "Hamburg model"
Here the current value of the furniture is spread over its useful life and interest is added. The two models produce very different results – often to the tenant's disadvantage.
- More complex to calculate
- Result hard for tenants to verify
New cap from 2026
The reform package ("Mietrecht II") introduces a clear upper limit: the surcharge may not exceed 10 % of the permissible base rent or around 1 % of the furniture's current value per month [to be verified: exact wording & entry into force].
- A fixed cap instead of arbitrary models
- Excessive flat-rate amounts can be challenged
Transparency requirement: separate itemisation
The furnishing surcharge must be shown separately and with a specific amount before the contract is signed. If this itemisation is missing, the flat counts as unfurnished – the entire surcharge falls away.
- Base rent and surcharge listed separately in the contract
- Not itemised: the flat counts as unfurnished
How to tell whether your surcharge is too high.
A simplified example shows how quickly a "normal-looking" all-in rent blows through the limits. The figures are for illustration only – we calculate your actual numbers free of charge.
If the surcharge isn't itemised separately, the maths is even simpler.
If the contract only states a total rent of, say, €1,100 without quantifying the furnishing share, the flat counts as unfurnished. The entire rent is then measured against the permissible base rent – the whole notional surcharge falls away and your savings potential rises accordingly.
Who this particularly affects
Furnished lettings and "temporary living" are widespread in tight markets such as Berlin and Munich – often exactly where rent control applies. You should have these situations checked.
A few steps to a verified rent.
You don't have to do the maths yourself, compare models or take a contract apart legally. Conny handles the check and, if you wish, the enforcement.
Get your contract out
Check whether a furnishing surcharge is itemised separately with a specific amount – or whether only a total rent is stated.
Get a free assessment
Enter your address, flat size and rent. Conny compares the figures with the rent index and calculates your savings potential.
Decide whether to instruct us
If your surcharge or your rent is too high, you instruct Conny. Only then do we approach your landlord.
We enforce your rights
Conny sends the formal objection (qualifizierte Rüge), handles all communication and takes the case to court if necessary – with no cost risk for you.
Is your furnishing surcharge too high?
Furnishing surcharges are a classic way around rent control – and we know it well.
It's with furnished flats in particular that landlords most often try to get around rent control. Opaque flat rates, missing itemisation and short fixed-term contracts are all part of the game.
Conny has been enforcing rent control for years and knows these tactics. We check whether your surcharge is shown separately and capped – and recover what you are entitled to.
We see through the flat rates
Whether "all inclusive" or itemised separately – we check whether the surcharge holds up legally or whether the flat counts as unfurnished.
No cost risk
The check is free. You only pay if we succeed – out of claims you would have lost without Conny.
Everything online
No office visits, no paper files. We handle the communication with your landlord – you stay in control.
Frequently asked questions about the furnishing surcharge
Does rent control apply to furnished flats too?
Yes. Rent control under § 556d BGB generally applies to furnished and partly furnished residential tenancies too. The net cold rent for the living space may be at most 10 % above the local reference rent. A furnishing surcharge may be charged in addition for the furniture – but it must be shown separately and capped in amount.
What is a furnishing surcharge?
The furnishing surcharge is the extra amount a landlord may charge on top of the permissible base rent for providing furniture. It compensates for the depreciation of the furnishings and is based on the furniture's current value. It may not be used to disguise an excessive base rent.
What happens if the surcharge isn't shown separately?
If the furnishing surcharge isn't itemised separately with a specific amount in the contract, the flat counts as unfurnished. The entire rent is then measured against the permissible base rent under rent control – the whole notional surcharge falls away. This usually increases your savings potential considerably.
What is the maximum furnishing surcharge?
Under the "Mietrecht II" reform package, the surcharge may not exceed 10 % of the permissible base rent or around 1 % of the furniture's current value per month [to be verified: exact wording of the act and entry into force]. Excessive flat-rate amounts can be challenged. We calculate the exact limit for your flat free of charge.
Does a "temporary living" contract override rent control?
Not automatically. There are special rules for very short lettings (roughly under six months) [to be verified: exact threshold], but a contract labelled "temporary living" is no general free pass. Whether rent control applies depends on the specific contract – which is why a check is worthwhile.
What is the difference between the "Berlin" and "Hamburg" models?
Both models were developed by the courts to calculate the furnishing surcharge. The "Berlin model" applies a monthly percentage of the furniture's current value; the "Hamburg model" spreads the current value over the useful life and adds interest. The results differ considerably. The 2026 reform introduces a clear upper limit to end this uncertainty.
Can I reclaim surcharge I've overpaid?
If your rent including the surcharge breaches rent control, you can reduce it to the permissible level with a formal objection (qualifizierte Rüge) and reclaim the overpaid rent from the date of the objection. Conny handles the objection and the enforcement – you only pay if we succeed.
Will my landlord find out about the check?
No. Calculating your savings potential is anonymous and free. We only contact your landlord once you expressly instruct us to reduce your rent.
Check in 2 minutes whether your furnishing surcharge is too high.
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Calculate your savings nowFurther reading: Landlord getting around rent control · Landlords' tricks · Enforce rent control. Last updated: October 2026. This article does not replace legal advice in individual cases.