Berlin rent cap (Mietpreisbremse) — the complete guide
Since 2015 the Mietpreisbremse has capped new-lease rents in overheated German housing markets. Berlin is fully covered — and the law now runs until the end of 2029. Below: how the cap works in practice, which exemptions matter, and what to do if your rent exceeds it.
What is the Berlin rent cap?
The Berlin rent cap — in German, the Mietpreisbremse (§§556d–556g BGB) — limits what a landlord can charge on a new lease to at most 110 % of the local comparable rent. In Berlin the comparable rent comes from the official Mietspiegel (rent index) published by the Senate. The cap only applies to new contracts — ongoing leases are handled by separate rules on rent increases.
How the maximum rent is calculated
The 2024 Berlin Mietspiegel sorts every apartment into a matrix of three dimensions: location class (simple, medium, or good), construction period, and floor-area band. Each cell has three €/m² values: lower, mid-point, and upper. The mid-point is where the calculation starts. Features of the apartment — five groups like bathroom, kitchen, building quality — shift the specific comparable rent up or down inside the range. Adding 10 % then gives the rent cap.
Example: a 60 m² apartment in a medium location, built 1950–1964, 40–45 m² band. The mid-point is about €7.07/m². With balanced features the comparable rent is 60 × €7.07 = €424.20, and the rent cap is 110 % of that = €466.62.
The three main exemptions
- New builds: apartments first let after 1 October 2014 are permanently exempt.
- Comprehensive modernization: when renovation cost reaches or exceeds one third of a new-build cost, the cap no longer applies.
- Higher previous rent: if the prior tenant already paid above 110 % of the comparable rent, the landlord may keep charging the same amount.
Important: the burden of proof for an exemption lies with the landlord. On request, the landlord must disclose the previous rent and any renovations performed (§556g para. 1a BGB).
What to do if your rent is too high
If your cold rent exceeds 110 % of the comparable rent and no exemption applies, you have a clear statutory right to a refund of the overage — starting from the moment your written objection reaches the landlord.
- Check the rent — our calculator gives a first read in 4 steps.
- Draft a written objection under §556g BGB.
- Send it to the landlord by registered mail.
- On receipt: the landlord owes back the overage and must reduce the ongoing rent.
- If disputed: get a tenants' association or a specialist lawyer involved.
Frequently asked questions
Since when has the rent cap applied in Berlin?
Berlin introduced the rent cap on 1 June 2015. It has been extended and now runs until 31 December 2029.
How is the maximum allowed rent calculated?
On a new lease, the maximum is 110 % of the local comparable rent (ortsübliche Vergleichsmiete) as published in the Berlin Mietspiegel — that is, 10 % above the mid-point for the matching location class, construction period and floor-area band.
Which apartments are exempt?
New builds first let after 1 October 2014, apartments that underwent comprehensive modernization (cost ≥ one third of new-build), and apartments where the previous rent already exceeded 110 % of the comparable rent are all exempt.
What can I do if my rent is too high?
You can object in writing under §556g BGB. From the moment the landlord receives the objection, you are entitled to a refund of the overage.
Do I need a lawyer to object?
No. Any tenant can file the objection themselves. Tenants' associations (Mieterverein) will help you draft and enforce it at low cost.
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