How the Mietpreisbremse works

When you sign a new lease in a German city, there is a legal ceiling on what your landlord can charge. The Mietpreisbremse (§ 556d BGB) has been in force since 2015 and applies in Berlin, Munich, Hamburg, and most other major cities. The cap: 10% above the local comparative rent.

What is the 10% cap?

Your net cold rent (Kaltmiete) at the start of a new tenancy may not exceed the local comparative rent (ortsübliche Vergleichsmiete) by more than 10%. That's it. Maximum rent = comparative rent × 1.10.

Where does the comparative rent come from?

Every city publishes a Mietspiegel, an official rent index that classifies apartments by building year, size, location quality, and amenities. Most cities update it every two to four years. A qualified Mietspiegel (qualifizierter Mietspiegel, § 558d BGB) has legal presumption of correctness: if a landlord disputes its values, the burden of proof is on them. Each city's Mietspiegel uses its own methodology and categories.

Warm rent or cold rent?

Cold rent (Kaltmiete). That's the base rent without heating, utilities, or service charges. If a listing only shows the warm rent, subtract the Nebenkosten to get the regulated figure.

Does it apply to your apartment?

The Mietpreisbremse applies in areas that state governments have designated as tight housing markets (angespannte Wohnungsmärkte). Each designation runs up to five years and can be renewed. The law covers re-let apartments, not new-builds. If your building was first occupied and first rented after 1 October 2014, the rent brake does not apply (§ 556f BGB).

What does Rentkompass do?

Rentkompass takes the listing data (address, size, building year, cold rent) and looks up the comparative rent in the local Mietspiegel. The ceiling is comparative rent × 1.10. Each city uses different categories, location-quality systems, and feature adjustments, so the calculation varies.