1. Designated town
The flat must be in a town or municipality that the state has designated as a tight housing market by regulation.
The rent cap applies in 13 federal states – and there only in the towns named in a state regulation (Landesverordnung). § 556d BGB allows such regulations until 31 December 2029. Look up your town on the interactive map.
§ 556d BGB only takes effect where a federal state has designated an area as a tight housing market by statutory regulation. The federal government extended the provision in 2025 until 31 December 2029. Without a state regulation, § 556d BGB has no effect where you live.
Paragraph 1: “Where a tenancy agreement for residential space is concluded in an area with a tight housing market designated by statutory regulation under paragraph 2, the rent at the start of the tenancy may exceed the local reference rent (§ 558 paragraph 2) by no more than 10 per cent.”
Paragraph 2 sentence 1: “The state governments are authorised to designate areas with tight housing markets by statutory regulation for a period of no more than five years at a time.” Under sentence 2, such an area exists “where the adequate supply of rental housing to the population on reasonable terms is particularly at risk in a municipality or part of a municipality”.
On the duration, paragraph 2 says: “A statutory regulation under sentence 1 must expire no later than the end of 31 December 2029.” This date has stood in the BGB since the Act Extending the Mietpreisbremse; the Bundestag and Bundesrat passed it in summer 2025. Until then the deadline was 31 December 2025. The extension is in force, not merely planned.
Thirteen states currently have a regulation under § 556d paragraph 2 BGB: Baden-Württemberg, Bayern, Berlin, Brandenburg, Bremen, Hamburg, Hessen, Mecklenburg-Vorpommern, Niedersachsen, Nordrhein-Westfalen, Rheinland-Pfalz, Sachsen and Thüringen. Schleswig-Holstein, Saarland and Sachsen-Anhalt have none. The rent cap does not apply there.
If your flat is in a designated town, the rent at the start of the tenancy may be at most 10 per cent above the local reference rent (ortsübliche Vergleichsmiete). If you pay more, you can object to the breach under § 556g BGB; for tenancies that began on or after 1 April 2020 you get the overpaid rent back from the start of the tenancy, provided your objection (Rüge) reaches the landlord within 30 months of the tenancy start.
Important: The states do not all count the same way. Niedersachsen, for example, also lists joint municipalities (Samtgemeinden) as area units. The current state regulation is always decisive – not the number in this overview alone.
Is your town on the list? A single hit on the map can mean your rent is set too high. CONNY's first assessment is free and takes a few minutes.
Check your rent for freeTo check, you have to look at the location, the tenancy start, the local reference rent and possible exceptions together.
The flat must be in a town or municipality that the state has designated as a tight housing market by regulation.
What matters is whether the relevant state regulation was in force when the tenancy was signed or began.
As a rule, the initial rent may be at most 10 per cent above the local reference rent. Exceptions can change the result.
Type at least two letters. A hit shows the town, the federal state and the term currently on record.
Data as of 5 August 2026. The map is for initial orientation only and does not replace a check of the applicable state regulation and your specific tenancy agreement.
The cards show the position as of 5 August 2026. § 556d paragraph 2 BGB allows regulations until 31.12.2029 at the latest; several states have chosen shorter terms and must issue a new regulation before expiry, otherwise the rent cap there ends with the regulation.
The designated area covers 130 towns and municipalities. The regulation runs until 31.12.2026; for tenancies that begin in one of these towns by then, the rent cap applies. The state may issue a follow-up regulation until 31.12.2029 at the latest.
The rent cap applies in 285 towns, market towns and municipalities. Check directly on the map whether your town is one of them.
Berlin is designated in full as an area with a tight housing market.
The current regulation covers Potsdam and 35 further municipalities around Berlin and in other tight housing markets.
The rent cap applies in the city municipality of Bremen (Stadtgemeinde Bremen). Bremerhaven is not part of the designated area.
The rent cap applies throughout the Free and Hanseatic City of Hamburg.
The tenant protection regulation (Mieterschutzverordnung) covers 49 municipalities and runs until 25.11.2026. For tenancies that begin by then, the rent cap applies in these towns.
Rostock and Greifswald are covered until 30.09.2028. For Binz, Graal-Müritz, Heringsdorf, Kühlungsborn, Rerik, Sellin, Zingst and Zinnowitz the coastal regulation runs until 31.12.2029.
The regulation names 58 towns, municipalities, island communities and joint municipalities (Samtgemeinden). For joint municipalities, the map refers to the area unit named in the regulation.
The rent cap applies in the 57 municipalities listed in the annex to the NRW tenant protection regulation.
Covered are five independent or larger cities plus every municipality in the districts of Alzey-Worms and Rhein-Pfalz-Kreis.
The rent cap applies only in Dresden and Leipzig.
The Thuringian rent limitation regulation (Mietpreisbegrenzungsverordnung) covers Erfurt and Jena.
No state regulation under § 556d paragraph 2 BGB is in force. The rent cap therefore applies nowhere in Schleswig-Holstein – not even in Kiel or Lübeck.
No state regulation under § 556d paragraph 2 BGB is in force. The rent cap therefore applies nowhere in Saarland – not even in Saarbrücken.
No state regulation under § 556d paragraph 2 BGB is in force. The rent cap therefore applies nowhere in Sachsen-Anhalt – not even in Magdeburg or Halle.
Check your tenancy agreement with CONNY. The first assessment is free and takes a few minutes.
More on the rent cap, tenancy agreements and automatic rent increases.