Check a rent increase in Berlin
Not every rent increase is legal. §558 BGB sets deadlines, caps, and justification requirements — and Berlin has a tighter cap than the rest of Germany (15 % over three years). Below: the rules at a glance, and a calculator that compares your current rent against the local comparable rent.
The rules in plain language (§558 BGB)
During an ongoing lease, the landlord can raise the rent — but only up to the local comparable rent, meaning the typical figure in the Mietspiegel for apartments like yours. Anything above that isn't allowed.
Rent can't simply be raised at will. §558 BGB gives tenants clear guardrails: a wait time, a ceiling, and a requirement that the landlord explain the increase in writing.
Three hard limits
- Wait time: at least 12 months since the last increase, and at least 15 months since the start of your lease.
- 15 % over three years: in Berlin — because the housing market is classified as overheated — rent can rise by at most 15 % over any three-year period. (Elsewhere in Germany the cap is 20 %.)
- Comparable rent: the new rent cannot exceed what the Mietspiegel says is typical for your apartment.
How the landlord has to justify it
The request must be in writing and the landlord has to back it up with real evidence. §558a BGB accepts four things:
- A reference to the Mietspiegel (in Berlin: the 2024 edition).
- A certified surveyor's report.
- Three specific comparable apartments, named.
- A recognised rent database, if one exists.
If none of these are provided, the request is formally void — you don't have to do anything.
Your consent and the deadline
After receipt you have until the end of the second full month to consent. Example: received 10 March → deadline ends 31 May.
- Consent is possible but not mandatory.
- Partial consent is possible when the increase is partially allowed.
- If you refuse, the landlord has three months to sue for consent.
How to check the request
- Enter the new rent into our calculator.
- We compare it with the Mietspiegel comparable rent for your apartment.
- If the new rent exceeds the comparable, you may refuse consent to that extent.
- If it stays below, the increase is generally allowed — but double-check wait time and the 15 % cap.
Frequently asked questions
How often can the rent be raised?
Only once every 15 months, and by at most 15 % over any three-year window (Berlin's tightened cap, the Kappungsgrenze).
Do I have to agree to an increase?
Yes — a rent increase up to the comparable rent under §558 BGB requires your consent. You have two full months plus the remainder of the month in which you received the notice to respond.
What is the Kappungsgrenze?
In overheated markets — all of Berlin qualifies — rent cannot rise by more than 15 % over three years. Without the cap, the limit would be 20 %.
How must the landlord justify the increase?
The increase must be in writing and justified by the Mietspiegel, a certified surveyor report, or three comparable apartments.
What if the requested rent exceeds the Mietspiegel?
The increase may never go above the local comparable rent. If it does, refuse consent — the landlord then has to sue and prove that the rent is appropriate.
Is your rent too high? Check now.
In four steps we compare your cold rent against the 2024 Berlin Mietspiegel and the rent cap — anonymous and free.
Check my rent now →