Direct answer: Germany’s Mietpreisbremse mainly limits the rent agreed at the start of a new residential tenancy in areas officially designated as tight housing markets. In Berlin, the rule applies throughout the city from 1 January 2026 through 31 December 2029. As a rule, the starting rent may not exceed the local comparative rent by more than 10%, although prior-rent, recent-modernisation, new-build and comprehensive-modernisation exceptions can change the result. Existing rents follow different rules: a landlord normally needs a justified request, statutory waiting periods and the applicable cap.
Last reviewed: 23 July 2026. General information only; individual contracts and exceptions require case-specific review.
1. What the Mietpreisbremse regulates
Sections 556d–556g of the German Civil Code (BGB) regulate the permissible rent at the beginning of certain residential tenancies. The mechanism is not a nationwide fixed rent. It applies only where a state government has designated a municipality or part of one as a tight housing market.
Where it applies, the starting rent is generally limited to 110% of the local comparative rent (ortsübliche Vergleichsmiete). The relevant benchmark usually comes from the local rent index (Mietspiegel) and depends on factors such as size, location, construction period, condition and equipment.
2. The position in Berlin in 2026
Berlin’s ordinance of 11 November 2025 designates the whole city as a tight housing market from 1 January 2026 until 31 December 2029. The Berlin Mietspiegel 2026 is the current qualified rent index and is an important reference both for new-letting checks and for many increases in existing tenancies.
This is one of the recent legal changes: federal legislation extended the statutory framework for state rent-brake ordinances until the end of 2029, and Berlin adopted a new ordinance for the same period. Berlin also continues to apply a reduced 15% cap for increases to the local comparative rent through 10 May 2028.
3. The principal exceptions at the start of a tenancy
- Higher prior rent: under section 556e BGB, a lawful rent paid by the previous tenant may permit a higher starting rent.
- Recent modernisation: qualifying modernisation during the three years before the tenancy can increase the permissible amount.
- Newly built housing: section 556f BGB excludes housing first used and rented after 1 October 2014.
- First letting after comprehensive modernisation: the rent brake does not apply to that first letting.
If a landlord relies on one of these exceptions, section 556g BGB requires specified information to be given to the tenant before the tenant makes the contractual declaration. A missing or defective disclosure can affect when the landlord may rely on the exception.
4. How often can an existing rent be increased?
| Type of increase | Main rule | Important limit |
|---|---|---|
| Increase to local comparative rent (§ 558 BGB) | The rent must have been unchanged for 15 months when the increase takes effect. A new request can generally be made no earlier than one year after the last increase. | Normally no more than 20% in three years; in Berlin the current cap is 15% through 10 May 2028, and the rent cannot exceed the local comparative rent. |
| Index-linked rent (§ 557b BGB) | The contract ties rent to the official consumer price index. The landlord must make the change in text form and show the calculation. | The ordinary § 558 increase is excluded while the index clause governs; the rent must generally remain unchanged for at least one year between index changes. |
| Stepped rent (§ 557a BGB) | The contract states each future rent or increase as a monetary amount. | Each step must remain unchanged for at least one year; ordinary § 558 and modernisation increases are generally excluded during the stepped-rent period. |
| Modernisation (§ 559 BGB) | For qualifying measures, the annual rent may generally be increased by 8% of eligible apartment-related costs. | Maintenance costs must be deducted. Statutory per-square-metre caps and hardship rules apply. |
| Operating costs (§ 560 BGB) | Adjustments depend on the contract and on whether costs are paid as advances or a flat rate. | This is separate from the § 558 cap and requires a valid cost basis and accounting. |
5. Formal requirements for an increase to the comparative rent
A request under section 558 BGB must be in text form and justified. Section 558a BGB allows reliance on a rent index, a rent database, an expert report or at least three comparable apartments. If a qualified rent index covers the apartment, the landlord must also communicate the relevant rent-index information even when relying on another method.
The tenant has until the end of the second calendar month following receipt to consider the request. If the tenant agrees, the higher rent is due from the beginning of the third calendar month after receipt. If consent is refused, the landlord may sue for consent within the following statutory period; the increase is not simply created by an unsupported demand.
6. How tenants can challenge an excessive starting rent
- Identify the correct regime. Check whether the issue concerns the initial rent, an increase under § 558, an index or stepped clause, modernisation or operating costs.
- Check the local benchmark. Use the official Berlin Mietspiegel 2026 and record the apartment’s size, construction period, location and relevant features.
- Ask for the legal basis and documents. For a rent-brake exception, request the prior-rent or modernisation information that is not publicly available. For an increase, check the stated calculation and justification.
- Object in text form where appropriate. Section 556g BGB requires a tenant to complain (Rüge) before recovering rent that was not owed under the rent-brake rules. The timing of the complaint affects how far back repayment can reach.
- Do not improvise a rent deduction. Continue to protect the tenancy and obtain advice before withholding or offsetting amounts. A mistaken underpayment can create separate risk.
- Use available assistance. Berlin’s official Mietpreisprüfstelle offers a free initial rent review. Tenant associations and lawyers can assess exceptions, limitation periods and litigation risk.
7. What landlords should do before issuing an increase
Landlords should first classify the intended increase, verify the waiting period and cap, use the current rent index, separate maintenance from modernisation costs and provide every required disclosure in text form. A legally defective demand can delay the increase and create avoidable disputes.
Frequently asked questions
Does the rent brake cap every rent in Berlin?
No. It principally regulates starting rent for covered residential tenancies and contains important exceptions. Existing-rent increases follow different provisions.
Can a Berlin landlord raise rent every year?
Not automatically. For an ordinary increase to the local comparative rent, the statutory timing, justification and cap rules must all be satisfied. Index and stepped-rent clauses follow their own rules.
What is the first step if a tenant believes the rent is too high?
Use the official Mietspiegel, identify any disclosed exception and obtain the information required under section 556g BGB. A timely written complaint may be essential.