The tenancy law reform 2026 is meant to strengthen tenant protection. What changes for you?
The government's “Mietrecht II” draft bill would cap furnishing surcharges, limit index-linked rents and extend the grace-period payment – here is what matters most at a glance.
Last updated: 16 October 2026. The changes described here are a draft bill (Mietrecht II, Bundestag paper 21/6807) and are not yet in force. Figures and wording may change before the bill is passed; we will update this page when it does.
Check your rent for free nowWhat does this mean for you?
“Mietrecht II” is the government's draft bill for a tenancy law reform (Bundestag paper 21/6807), which in October 2026 is still going through the legislative process – the public hearing is scheduled for 14 October 2026. The plans include a disclosure duty and an upper limit for furnishing surcharges, a cap on index-linked rents in times of high inflation, and extending the grace-period payment to ordinary terminations. Nothing is final yet – but many existing rights, such as rent control (Mietpreisbremse), already apply today.
The key points in brief.
“Mietrecht II” is not yet law – it is a draft going through parliament. It still pays to know where it is heading, and to check today whether your current rent is lawful.
A draft bill, not current law
Public hearing on 14 October 2026
Furnishing surcharge to be capped
Already today: reclaim excessive rent
How far has “Mietrecht II” got so far?
A law is not made overnight. The draft passes through several stages – only at the end is it clear what actually applies. This is the path (as of October 2026).
Cabinet decision (29 April 2026)
The federal government adopted the draft in cabinet and sent it into the parliamentary process.
First reading in the Bundestag (9 July 2026)
The draft was introduced in the plenary and referred to the responsible committees for further deliberation.
Public hearing (14 October 2026)
Experts from academia and from tenant and landlord associations give their statements. Their input can still lead to changes to the draft.
Vote, Bundesrat, entry into force
After the second and third readings, the involvement of the Bundesrat and promulgation, the law enters into force. Only then is it finally clear for each provision what applies and from when.
Four levers that are meant to give tenants real relief.
The draft targets the points landlords have liked to use to push through higher rents – from furnishing and index-linked contracts to short-term lets. The aim: fewer loopholes, more transparency.
Important: the points below reflect the government's draft. Details, thresholds and wording may still change during the process. We only state specific percentage or euro limits where they are certain.
Furnishing surcharge: disclosure & upper limit
Landlords would have to disclose the share of the rent that is attributable to furnishing – and that surcharge would be capped. Rent control could then no longer be sidestepped simply by letting a flat “furnished”.
Index-linked rent: cap in times of high inflation
In an index-linked tenancy, the rent is tied to the consumer price index. A limit is planned so that tenants do not have to pay unchecked increases in periods of high inflation.
Short-term lets: new statutory presumption
Certain tenant protection rules do not apply to lettings for temporary use (§ 549 BGB). The draft uses a statutory presumption to clarify when a letting really is only short-term – so that this route does not become a permanent workaround.
Grace-period payment also against ordinary termination
A tenant who pays off rent arrears can cure a termination without notice. In future, this grace-period payment (Schonfristzahlung) is also meant to be able to invalidate an ordinary termination for late payment.
The planned rules in detail.
This is how the individual parts of “Mietrecht II” are meant to work for tenants. The description follows the government's draft – what counts in the end is the text of the law as passed.
Furnishing surcharge: transparent & limited
The part of the rent attributable to furniture must be itemised and may not exceed an upper limit – making it harder to get around rent control.
- Furnishing itemised separately
- Upper limit for the surcharge
Cap on index-linked rent in times of high inflation
The automatic adjustment to inflation is to be given a limit. Tenants with an index-linked contract would be better protected in inflationary periods.
- Limit on the annual increase
- Rent control already applies anyway
Short-term lets defined more clearly
A statutory presumption in § 549 BGB is to lay down when a letting really is only for temporary use – so that landlords cannot bypass full tenant protection with short fixed terms.
- Clearer criteria for “temporary”
- Less circumvention of tenant protection
Grace-period payment also works against ordinary termination
Paying off the arrears is in future meant to invalidate not only a termination without notice but also an ordinary termination for late payment – strong protection during a temporary cash squeeze.
- Extended protection against termination
- A chance to keep your flat
What applies from when – and what already applies today?
Many tenants ask: “Do I have to wait for the reform?” The answer is no. The most important protections already apply. The reform builds on them.
You do not have to wait for the reform.
Regardless of “Mietrecht II”, you can have your rent checked today. If your rent is above the permitted level, you can tackle it under rent control – and rent control applies to an index-linked tenancy just the same. If you want to know whether your landlord is getting around the rules through supposed modernisation, the best step is a free check. The sooner you act, the more you can reclaim.
What tenants can do now.
Watch, prepare, check: a few steps and you are ready – whatever becomes of the draft.
Check your contract
See whether you have a furnished, index-linked or fixed-term contract – that is exactly where the reform starts. Note down your current rent and the size of your flat.
Have your rent checked for free
You can check this today: is your rent above the permitted level? The assessment takes around 2 minutes – no risk and no contact with your landlord.
Decide whether Conny takes action
If there is a realistic chance of success, you can instruct us to reduce your rent. Only then do we approach your landlord – firmly but politely.
Ready to check your rent?
Reform or no reform – we enforce your rights today.
“Mietrecht II” is meant to close loopholes we have known for years: furnishing surcharges, index-linked contracts, short fixed terms. These are exactly the tactics we take on for tenants – long before the legislator catches up.
Instead of waiting for a law, we use the law as it stands: rent control and the existing tenant protection rules. That is how tenants reclaim overpaid rent – with no cost risk.
Specialised in rent control
We have been fighting for fair rents for years and know exactly the points the reform targets – furnishing, index-linked rent, short-term contracts.
No cost risk
The check is free. We charge a success fee only if your rent actually goes down. If we do not succeed, you pay nothing.
Digital & straightforward
Everything online, no office visits. We handle the communication with your landlord – you stay in control of every step.
Frequently asked questions about the tenancy law reform 2026
What is “Mietrecht II”?
“Mietrecht II” is the short name for a government draft bill to reform tenancy law (Bundestag paper 21/6807). It is meant to give tenants better protection on furnishing surcharges, index-linked rents and short-term lets, and against termination. As of October 2026 the draft is still going through the legislative process.
Does the tenancy law reform 2026 already apply?
No. The draft has not yet been passed. After the first reading, the public hearing is scheduled for 14 October 2026, followed by further readings and the involvement of the Bundesrat. Individual provisions may still change during the process.
What changes for the furnishing surcharge?
A disclosure duty and an upper limit are planned: landlords would have to itemise the share of the rent attributable to furnishing, and that surcharge would be capped. The aim is to stop rent control being circumvented by letting a flat furnished.
Will index-linked rent be capped in 2026?
The draft provides for a limit on index-linked rents in times of high inflation, so that tenants with an index-linked contract do not pay unchecked increases. Important: rent control already applies to the initial rent in index-linked tenancies today.
What changes for the grace-period payment?
At present, paying off the arrears mainly cures a termination without notice for late payment. In future, the grace-period payment (Schonfristzahlung) is also meant to be able to invalidate an ordinary termination – significantly extended protection during a temporary cash squeeze.
What does “local comparable rent instead of the maximum rent” mean?
The draft provides that, in the event of a breach, the rent falls back to the local comparable rent – rather than just to the previous statutory ceiling. For tenants, that can mean even more overpaid rent can be reclaimed.
Do I have to wait for the reform to reduce my rent?
No. Regardless of “Mietrecht II”, you can have your rent checked under rent control today. If it is above the permitted level, you can already demand a reduction and reclaim overpaid rent.
What does the check at Conny cost?
The analysis and calculation of your potential savings is free and without obligation. If you instruct us to reduce your rent, we work on a no-win, no-fee basis – if we do not succeed, you pay nothing. We only contact your landlord once you have instructed us.
Don't wait for the reform – check your rent now.
Free check in 2 minutes. No upfront payment. Your landlord hears nothing until you instruct us.
Calculate your savings nowAs of October 2026 · This article reflects the status of the legislative process and is no substitute for legal advice.