Challenge Rent Brake: Tenants in Germany

As a tenant in Germany it is important to know how the rent brake works and when a rent increase is unlawful. This guide explains step by step how to challenge a faulty or inadmissible rent increase in 2025: which evidence helps, which deadlines apply and which official forms you need. I describe practical steps for documenting comparable rents, submitting objections and contacting the local court or the landlord. The language remains simple and understandable so you can enforce your rights as a tenant without legal expertise. At the end you will find a short FAQ, an action guide and reliable links to official authorities.

What is the rent brake?

The rent brake limits allowable rent increases on relet apartments in certain regions. Requirements and exceptions are regulated in the Civil Code (BGB) and supplementary state laws ^[1]. A rent increase can be challenged if the new rent exceeds the permitted cap or if there are formal errors in the contract conclusion.

When can tenants challenge?

• If the new rental price clearly exceeds the permitted limit.
• If the landlord did not correctly state the previous rent when reletting.
• If the increase lacks proper justification.
• If contractual clauses restrict legally guaranteed rights.

How to challenge — important notes

Before taking legal steps, check: Is the rent brake actually in force at your location? Is there an exception (e.g. major modernization)? Check the previous rent and compare local rent indices. If the justification is missing or incorrect, demand a written correction and set a deadline.

Key deadlines and responsibilities

• File an objection within a few weeks or contest the increase in writing.
• If escalated: file suit at the local court; appeals go to the regional court or the Federal Court of Justice ^[2].

Guide

1. Gather all relevant documents: lease, payment records, ads for comparison.
2. Identify comparable rents and document differences with photos and screenshots.
3. Send a formal objection to the landlord and set a correction deadline, preferably by registered mail.
4. If no agreement: file suit at the local court and present evidence according to civil procedure rules.
5. Use official templates from the Federal Ministry of Justice to avoid formal errors ^[3].

FAQ

Can I reduce rent retroactively?

Retroactive rent reduction is only possible in limited circumstances; document defects and seek legal advice.

Who is responsible for disputes about the rent brake?

Rental disputes are usually handled by the local court; higher instances are the regional court or the Federal Court of Justice.

Which forms do I need?

Use official templates for objections and lawsuits from the Federal Ministry of Justice and the forms of the local court.

How-To

1. Collect all relevant documents: lease, payment proofs, ads for comparison.
2. Draft a written objection and set a deadline for correction.
3. If necessary, file suit at the local court and present your evidence.
4. Use templates from the Federal Ministry of Justice to prevent formal errors.

Help and Support

• Civil Code (BGB) – Regulations on tenancy law
• Federal Court of Justice – Relevant rulings in tenancy law
• Federal Ministry of Justice – Forms and templates

1. [1] Civil Code (BGB) — gesetze-im-internet.de
2. [2] Federal Court of Justice (BGH) — bundesgerichtshof.de
3. [3] Federal Ministry of Justice — bmj.de