Rent Cap Check

The German rent brake under Section 556d of the Civil Code is meant to stop rents in tight housing markets from exploding at every reletting. The rule sounds simple: in an area with the rent brake the rent on reletting may be at most ten percent above the local comparative rent. In practice, applying it often fails because tenants do not know whether the brake applies and how high the comparative rent even is.

That is exactly where the check comes in. You pick your city from a database of 35 cities where the rent brake applies, enter floor area, cold rent, construction year and fittings, and the tool computes where the maximum permitted rent for your flat lies and whether your rent exceeds it. It shows you the difference per square metre, per month, per year and over three years - so you can see in black and white what sums are at stake.

The rent brake has important exceptions, and the check takes them into account. It does not apply to new builds first let after 1 October 2014 (Section 556f). Special rules also apply after a comprehensive modernization. And if the previous tenant already paid more than the permitted rent, that higher rent may continue to be charged (Section 556e, previous-tenant rent). The check asks about these points so you do not get a false result.

The modernization surcharge can also be included. If the landlord modernized, they may pass part of the cost onto the rent, which raises the permitted limit. The tool factors this in so your result stays realistic and you do not rely on a complaint that would not hold up in court.

If it turns out your rent is too high, the complaint generator helps. To reclaim overpaid rent you have to challenge the rent level with a qualified complaint under Section 556g - that is, object to the landlord in writing. The generator produces this complaint letter with your details, so all you have to do is send it.

An honest note for context: the stored comparative rents are well-grounded reference values per city and fittings, but they do not replace the qualified rent index of your city, which is the binding basis in a dispute. The check gives you a very good first assessment and the arguments to work with - it does not replace legal advice. Everything runs locally in the browser, your rent data never leaves your device.