Mietendeckel vs. Mietpreisbremse: the facts and where things stand.

What was the Mietendeckel?

The Mietendeckel (MietenWoG Bln, the ‘Gesetz zur Mietenbegrenzung im Wohnungswesen in Berlin’) was a state law and applied only in Berlin. It came into force in 2020 and was meant to freeze rents for five years. It had four measures:

• Rent freeze: rents frozen at the level of 18 June 2019.
• Rent ceilings: fixed caps by year of construction and fittings.
• Lowering of excessive rents: from November 2020, rents more than 20 % above the ceiling could be reduced.
• Limit on modernisation: after modernisation the ceiling could rise by at most 1 €/m².

What does the Mietpreisbremse say?

It is the legally safe instrument – and it still applies.

The Mietpreisbremse (§ 556d ff. BGB) is federal law and applies in areas with a tight housing market. Which cities and municipalities those are is set by each federal state in a regulation. When a flat is re-let there, the rent may exceed the local reference rent by no more than 10 %. If you pay more, you can have the rent lowered and claim back what you overpaid. The legal basis has been extended until 31 December 2029.

Exceptions apply to new builds (first used after 1 October 2014), extensively renovated flats and flats where the previous rent was already above the limit. Furnished flats are not exempt. Many landlords try to get around the brake – read here which tricks they use.

Requirements: when does the Mietpreisbremse apply?

Three conditions must all be met. The flat is in an area that the federal state has designated as a tight housing market by regulation. The tenancy agreement was signed when that regulation was already in force there – in Berlin since 1 June 2015. And the net cold rent (Nettokaltmiete) is more than 10 % above the local reference rent. The benchmark is your city's rent index (Mietspiegel), which classifies your flat by location, year of construction, size and fittings.

Exceptions: when the landlord may charge more

The law has four exceptions (§§ 556e, 556f BGB):

• New build: the flat was first used and let after 1 October 2014.
• Extensive modernisation: first letting after a renovation that cost around a third of a comparable new build.
• Higher previous rent: if the previous tenant already paid more, the landlord may keep charging that rent – but not a cent more.
• Modernisation in the last three years: the landlord may add a modernisation surcharge to the permitted rent.

If the landlord relies on an exception, he must tell you so in text form before the contract is signed, without being asked (§ 556g Abs. 1a BGB). If he fails to, he cannot rely on the exception. Furnishing is not an exception; the landlord may only add a surcharge for the furniture.

Example: what the Mietpreisbremse means in numbers

You rent 70 m² in a city with the Mietpreisbremse. The rent index puts your flat at 9.00 €/m², so 630 € net cold. 10 % more is permitted: 693 €. Your contract says 850 € net cold. You pay 157 € too much each month, 1,884 € a year. If you object within 30 months of the start of the tenancy, you get the difference back from the day you moved in – after two years that is 3,768 €.

The next step: an objection (Rüge) to the landlord

The rent does not go down on its own. You must object to the breach (§ 556g Abs. 2 BGB). A simple objection in text form is enough, for example by email; you do not have to work out how much too high the rent is. If you object later than 30 months after the tenancy began, you only get back the rent that falls due after the objection is received. The same applies if you have already moved out when you object. Whether your rent is above the limit and whether an exception applies is shown by the free rent check.

Where does the Mietpreisbremse apply?

The Mietpreisbremse does not apply everywhere. Which cities and municipalities are covered is set by the federal states in a regulation. Look up your town on the interactive map.

How to lower your rent with CONNY

The easiest way to enforce the Mietpreisbremse is with CONNY – no paperwork, no cost risk.

1. a few minutes

   Enter your details

   Fill in the questionnaire about your flat and rent – free and with no obligation.

2. 1 minute

   Upload your tenancy agreement

   Upload your tenancy agreement so our experts can review your case.

3. straight away

   Get your savings potential

   CONNY works out whether and how much you can save – right after.

4. 1 click

   Instruct CONNY

   We send an objection to your landlord and settle out of court – or go to court with our partner lawyers. We cover all costs.

5. for good

   Pay a fair rent

   From the settlement on, you pay less every month. You only pay a fee if we succeed.

Frequently asked questions

*We cover all lawyer and court costs. A commission is only due if we succeed.

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