Using Rent Cap: Tenant Rights in Germany

As a tenant in Germany, sudden rent increases can be stressful. The rent cap protects tenants from excessive rises within a set period and is part of tenancy law in the BGB. This guide explains plainly when the rent cap applies, how to calculate an increase, which deadlines apply and which official forms or authorities to consult. With concrete calculation examples, practical steps and notes on the local court and the BGH, you get guidance on enforcing your tenant rights or checking for errors. At the end you will find FAQs, a short step-by-step guide and official links to laws and forms important in a dispute.

What is the rent cap?

The rent cap limits how much a landlord may raise rent within a defined period. It is a statutory protection in tenancy law and complements the rules for rent increases in the BGB ^[1].

When does the rent cap apply?

• If the landlord adjusts rent within a period, the rent cap applies.
• Special rules may apply in municipalities with tight housing markets (often 15% instead of 20%).
• The rent cap applies in addition to formal requirements for rent increases (written form, justification).

How do I calculate the rent cap?

To calculate, compare the proposed new rent with the rent from the last three years. Example: if rent was €800 and the landlord proposes €960, the increase is 20% (960/800 = 1.2). If the cap is exceeded, inform the landlord in writing and keep all documents. Official templates or guidance on forms are available from the Federal Ministry of Justice ^[2]. If uncertain, an application or lawsuit at the competent local court may be necessary; higher instances include the regional court and the BGH for legal precedent ^[3].

FAQ

Does the rent cap apply everywhere in Germany?

Yes, there is a nationwide rule, but some municipalities may set different limits in tight housing markets.

What should I do if the rent increase exceeds the cap?

Object in writing, document your calculation, and involve the local court if necessary.

Does the rent cap apply to modernization?

No, modernization surcharges are regulated separately and are not covered by the rent cap.

How-To

1. Read the rent increase carefully and check if it is justified in writing.
2. Calculate the percentage increase compared to the previous rent.
3. Contact the landlord in writing and request correction if the limit is exceeded.
4. If no agreement is reached, file documents at the local court or seek legal advice.

Help and Support

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Federal Ministry of Justice — Forms and Information
• Federal Court of Justice (BGH) — Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) — §§ 535–580a — Gesetze im Internet
2. [2] Formulare und Hinweise — Bundesministerium der Justiz
3. [3] Bundesgerichtshof (BGH) — Entscheidungen und Informationen