Rent Cap Checklist for Tenants in Germany

As a tenant in Germany, the rent cap can help limit excessive rents for new rentals, but regulations, exceptions and regional variations are often confusing. This guide explains in clear language how to check step by step whether a rent is too high, which deadlines and documents matter, and how to make formal requests to the landlord. You will learn to understand relevant sections of the BGB, use suitable wording for letters and systematically collect evidence. This enables tenants to check their rights independently, avoid unnecessary payments and better judge when legal advice or a claim at the local court is sensible. It also contains notes on official forms and deadlines.

What is the rent cap?

The rent cap limits allowable rent increases for re-letting in areas with tight housing markets. Whether the rule applies depends on the regional designation and local ordinances. In addition, general tenant protection rules are set out in the Civil Code (BGB), especially regarding tenant obligations and defects.^[1]

Step-by-step checklist

1. Check the lease and the last agreed rent (rent): review date, graduated rent and allowable additional costs.
2. Compare the requested rent with the local rent index or comparable flats (rent): note addresses, size and fittings.
3. Document condition and necessary repairs (repair): photos, dates and written defect notices to the landlord.
4. Send a written request to the landlord (form): ask for justification of the rent and information on the previous rent.
5. Set deadlines for a response (deadline): give a reasonable period such as 14 days and document receipt.
6. If no agreement is possible, prepare a claim or application at the local court (court): check the competence of your local Amtsgericht.
7. Collect all evidence and create a chronological file (evidence): lease, letters, photos, payment receipts.

Practical implementation guide

Step 1: Read the lease and request information on the previous rent. Ask the landlord in writing about the previous rent and note date and text of your request.

Step 2: Gather comparable properties: use local rent indexes and name at least three comparable flats.

Step 3: Send written defect notices if there are condition defects. Document every communication by email, registered mail or handover receipt.

Frequently Asked Questions

When does the rent cap apply?

The rent cap applies to re-lettings in areas with tight housing markets, depending on local ordinances; check your municipality's rules.

What steps can I take without a lawyer?

Without a lawyer you can review the lease, gather comparable offers, send written requests to the landlord and set deadlines.

Where do I file a claim?

Rent disputes are usually filed with the competent local court (Amtsgericht); higher instances are the Landgericht and the Federal Court of Justice for legal issues.^[2]

How-To

1. Write a short letter to the landlord requesting information about the previous rent (form).
2. Collect comparable flats and evidence (evidence).
3. Set a response deadline of at least 14 days (deadline).
4. If no agreement, prepare documents for the local court and file a claim if necessary (court).

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) - official decisions