Mietpreisbremse-Check - Controllo del freno agli affitti

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 say in which state and municipality you live and whether the state ordinance puts the rent brake in force there. Then you enter floor area, cold rent and the local comparative rent from your municipality's rent index, and the tool computes where the maximum permitted rent lies and whether your rent exceeds it - per square metre, per month and per year.

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 letter helps. To reclaim overpaid rent you have to challenge the rent level in text form under Section 556g. If you complain within 30 months after the start of the tenancy while it still runs, contracts since 1 April 2020 get back everything since the start; otherwise from the complaint on. The tool writes the letter with your details and can add the 30-month deadline to the deadline tracker.

An honest note for context: the check holds no rent index values. It works with the comparative rent you look up yourself in your municipality's rent index, and the result is only as good as that figure. It gives you the calculation and the arguments - it does not replace legal advice. The calculation runs in the browser; your inputs stay saved under your account in this browser.