Rent Brake: Tenant Rights in Germany

As a tenant in Germany, rising rents and the rent brake can quickly become confusing. This guide explains step by step how to collect evidence, whether a rent increase may violate the rent brake and what practical actions tenants can take before consulting a lawyer. The instructions are aimed at tenants without a legal background and show which forms and deadlines are important, how to organize documentation and at which points courts like the Amtsgericht or higher instances can intervene. The goal is to give you concrete steps so you can assert your rights in Germany confidently and factually.

What is the Rent Brake?

The rent brake limits permissible new-contract rents in certain areas. The legal basis is §556d BGB; exceptions (e.g. comprehensive modernization or first rent after new construction) are regulated. If the agreed rent at a new rental is significantly above the customary local comparative rent, the rent may be unlawful.^[1]

Practical Cases: Pros & Cons when Documenting an Overcharge

For enforcing your rights, clean documentation is crucial. Collect rental contracts, handover records, ads for comparable apartments and payment receipts. Note the date and source of each comparison so you have solid evidence when speaking with the landlord or in court.

• Save comparison offers: Photos of ads and contact details of the providers.
• Copy the rental contract: Include all annexes and additional agreements.
• Secure payment receipts: Keep bank statements or receipts for rent payments.

When is a Rent Increase Unlawful?

A rent increase is unlawful if it exceeds the allowable rent brake limit at a new rental or if formal requirements have not been met. Check whether the landlord claims modernization or graduated rent points and whether exceptions apply.

How to Gather Evidence Step by Step

1. Create a chronology: Note offers, viewing appointments and contract draft dates.
2. Save ads: Secure screenshot with date and URL.
3. Keep correspondence: Emails, letters and SMS with the landlord as PDFs or prints.
4. Document condition and equipment: Photos of defects or modernizations.
5. Prepare an informal letter: Request a written explanation of the rent calculation.

Legal Steps and Competent Courts

Many tenancy disputes start at the Amtsgericht (local court) in the first instance. Appeals go to Landgerichte and ultimately to the Federal Court of Justice (BGH).^[2] The Code of Civil Procedure (ZPO) governs deadlines and procedures, e.g. for eviction suits or rent reduction disputes.

FAQ

What can I do if the rent in a new contract exceeds the permissible limit?

Check whether the rent brake applies to your city, collect evidence (ads, rental contract, payment statements) and request a reduction or explanation from the landlord in writing.

What deadlines should I observe when demanding a reduction?

Set a reasonable deadline for a response (e.g. 14 days) and specify the evidence required in your letter; if there is no response, you can involve the Amtsgericht.

Are there sample forms for termination or lawsuit?

Yes, official forms and templates for civil procedures are available via authority websites; use the samples and guidance from justice authorities for correct wording.

How-To

1. Review the rental contract and mark current rent amounts and agreements.
2. Collect comparable rental offers as evidence (ad screenshots with date).
3. Write to the landlord: Request a written breakdown of the rent within 14 days.
4. Record conversations and confirm results in writing by email or letter.
5. If no agreement is reached, prepare a lawsuit and file it with the competent Amtsgericht.

Help and Support / Resources

• §556d BGB Rent Brake (Gesetze-im-Internet)
• Federal Court of Justice (BGH) – tenancy law decisions
• Federal Ministry of Justice (information and forms)

1. [1] §556d BGB – Mietpreisbremse (gesetze-im-internet.de)
2. [2] ZPO – Code of Civil Procedure (gesetze-im-internet.de)
3. [3] Federal Ministry of Justice (bmj.de)