Rent Brake: Tenant Rights in Germany

The rent brake in Germany protects tenants from disproportionately high new rents and limits how much rent may rise on re-letting. As a tenant you should know when the brake applies, which exceptions exist and how to object to an unlawful rent increase. This guide explains the key rules in plain language, cites relevant sections of the German Civil Code (BGB) and gives practical examples: how to request a review of the local comparative rent, collect evidence and meet deadlines. It also describes which forms and official bodies are responsible, how the local court handles tenancy disputes and which deadlines to observe so you do not lose claims.

What is the rent brake?

The rent brake limits increases for new rentals: in designated areas, the rent on re-letting generally may not exceed the local comparative rent plus a permissible surcharge. Relevant civil law foundations are found in the tenancy provisions of the German Civil Code (BGB), especially regarding duties and rights of tenants and landlords.^[1]

When does it apply and what exceptions exist?

The rent brake only applies where the federal state or municipality has ordered it. Typical exceptions include newly built flats, extensively modernised apartments and agreements already above the permitted threshold. Decisions of the Federal Court of Justice can be relevant for concrete application, for example on exceptions and formal requirements.^[3]

Your rights as a tenant

• You can formally contest an unlawful rent increase in writing and demand correction.
• Respond within about two months after receiving the increase notice to avoid missing deadlines.
• Document comparable rents, advertisements and receipts as evidence.
• Request written justification and copies of the rent index or comparison lists if needed.
• If no agreement is reached, the competent local court (Amtsgericht) can decide; tenancy disputes are handled there.^[2]

How to react to an unlawful rent increase

First check the legal basis of the increase and compare the proposed rent to local comparable rents. Request evidence from the landlord, set a deadline for correction and collect proof. Act within deadlines, keep copies of all communication and prepare a possible filing to the local court.

Forms and official steps

There is no single national "rent brake form box", but useful templates and official guidance are available from federal and judicial authorities. Relevant items include:

• Termination letter template for rental contracts — a model for formal notices to the landlord or the court.
• Templates for written objections or explanations regarding operating costs and rent increases (to support your submission).
• Letter templates to the local court when filing a claim or asking about jurisdiction.

FAQ

Does the rent brake automatically apply to my flat?

No. It only applies if the city or state has designated the area. Check local regulations and the contract date.^[1]

What can I do if the landlord sets the rent too high?

Request justification in writing, document comparable rents and set a deadline for correction. If the landlord insists, you can file a claim at the local court.^[2]

Which laws are relevant?

The key provisions are the tenancy rules in the BGB (especially §§ 535–580a) and relevant court decisions by the Federal Court of Justice.^[1][3]

How-To

1. Check: Verify whether the rent brake has been ordered for your area and whether exceptions like new construction apply.
2. Document: Collect advertisements, rent index extracts and comparable offers as evidence.
3. Write: Ask the landlord in writing to correct the rent increase and set a clear deadline.
4. Legal action: File a claim at the competent local court if no agreement is reached or seek legal advice.

Key Takeaways

• Act early and document thoroughly to protect your tenant rights.
• Use official legal texts and court information when preparing claims.

Help and Support

• Gesetze im Internet — German Civil Code (BGB)
• Justice Portal — Local Courts (Amtsgerichte)
• Federal Court of Justice (BGH) — Jurisprudence
• Federal Ministry of Justice — Forms and Guidance

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Justizportal — Local courts and jurisdiction
3. [3] Federal Court of Justice (BGH) — Case law
4. [4] Federal Ministry of Justice — Forms and information