- Which law protects tenants in Germany? Tenancy law sits in the Bürgerliches Gesetzbuch, §§ 535 to 580a BGB.
- What are the key numbers and deadlines? Rent brake, § 556d BGB: in a designated area, the rent of a new lease may be at most 10 per cent above the local comparative rent.
- Where do tenants most often lose money? The rent is too high from day one.
- What do you do when your landlord breaks the rules? Write it down. A rent brake Rüge, an objection to a service charge statement and a defect report all need text form.
Paying too much rent?
The free rent check tells you in two minutes whether your rent is above the Mietpreisbremse limit.
Which law protects tenants in Germany?
Tenancy law sits in the Bürgerliches Gesetzbuch, §§ 535 to 580a BGB. There is no separate tenant protection act. Most of these sections are mandatory in your favour: the landlord may not deviate from them to your disadvantage, even if you signed the clause. § 551 Abs. 4 BGB says this for the deposit, § 556g Abs. 1 BGB for the rent brake, § 573 Abs. 4 BGB for termination. A void clause simply does not apply. The statutory rule takes its place.
Beyond the BGB, three things matter. The Länder decide by ordinance where the rent brake and the lower cap on rent increases apply. The local Mietspiegel sets the ortsübliche Vergleichsmiete that both rules refer to. And the Betriebskostenverordnung (§ 2 BetrKV) lists the only service charges a landlord may pass on to you.
What are the key numbers and deadlines?
- Rent brake, § 556d BGB: in a designated area, the rent of a new lease may be at most 10 per cent above the local comparative rent. Exceptions: a higher rent already paid by the previous tenant (§ 556e BGB), flats first used after 1 October 2014 and the first letting after a comprehensive modernisation (§ 556f BGB).
- Reclaiming overpaid rent, § 556g BGB: you must object to the landlord in text form (Rüge). For leases signed on or after 1 April 2020 you get back all overpaid rent from the start of the tenancy if the Rüge reaches the landlord within 30 months of the start. After that, only the rent paid from the Rüge onwards.
- Rent increase to the comparative rent, § 558 BGB: at most 20 per cent in three years, 15 per cent in areas the Land has declared a tight housing market. The rent must have been unchanged for 15 months. You have until the end of the second month after receipt to consent or refuse (§ 558b BGB).
- Modernisation increase, § 559 BGB: 8 per cent of the modernisation cost per year, at most €3 per square metre within six years, €2 if your rent is below €7 per square metre.
- Deposit, § 551 BGB: at most three months' net cold rent, payable in three equal monthly instalments.
- Service charge statement, § 556 Abs. 3 BGB: the landlord must send it within 12 months of the end of the billing period, or he loses any back payment. You have 12 months from receipt to object.
- Notice periods, § 573c BGB: three months for you, whatever the length of the tenancy. For the landlord three months, six after five years, nine after eight years, and only with a legitimate interest under § 573 BGB, for example Eigenbedarf.
- Rent reduction, § 536 BGB: the rent drops by law while a defect reduces the use of the flat. Report the defect to the landlord first (§ 536c BGB).
Where do tenants most often lose money?
The rent is too high from day one. In Berlin, Munich, Hamburg, Frankfurt, Cologne and most other large cities the rent brake applies. Many new leases are still above the 10 per cent line. The landlord does not have to tell you the comparative rent. He only has to tell you before you sign if he relies on an exception (§ 556g Abs. 1a BGB). If he did not, he cannot use that exception until two years after he has given the information.
A rent increase letter. The increase must be justified, usually with the Mietspiegel, and must respect the 15-month waiting period and the 20 or 15 per cent cap. An increase that ignores one of these is not binding. You do not have to answer a letter that is formally defective.
A service charge statement with a back payment. The statement must list the total cost, the allocation key, your share and your advance payments. Costs that are not in § 2 BetrKV, such as administration or repairs, may not appear. You may inspect the receipts before you pay.
A termination. The landlord must give a reason in the letter (§ 573 Abs. 3 BGB). You may object in writing on grounds of hardship under § 574 BGB, at the latest two months before the tenancy ends (§ 574b BGB). A termination without notice for rent arrears requires arrears of two months' rent (§ 543 Abs. 2 BGB).
What do you do when your landlord breaks the rules?
- Write it down. A rent brake Rüge, an objection to a service charge statement and a defect report all need text form. An e-mail is enough. Keep a copy and note the date.
- Check your deadline first. 30 months for the full rent brake refund, 12 months for the service charge objection, the end of the second month for a rent increase, two months before the end of the tenancy for a hardship objection.
- Get the numbers. Look up your flat in the local Mietspiegel. Add the surcharges and deductions that apply to it. Compare the result with your rent.
- Get advice. A Mieterverein advises members on every tenancy question. A Fachanwalt für Mietrecht takes on the case against the landlord. If your income is low, the Amtsgericht grants Beratungshilfe for a first consultation.
- Keep paying the rent while the dispute runs, unless the reduction is clearly justified. Arrears of two months' rent allow the landlord to terminate without notice.
Frequently asked questions
Paying too much rent?
Two minutes, free of charge, no obligation: the rent check compares your rent with the limit of § 556d BGB.