Your rent looks too high. Now what?

You've checked a listing or your lease, and the rent is above the Mietpreisbremse ceiling. The law (§ 556g BGB) provides a process for addressing this. A Mieterverein or lawyer can tell you whether it applies to your situation and help you act on it.

First: check the numbers

Use Rentkompass or the official Mietspiegel to estimate the comparative rent. Compare your net cold rent (Kaltmiete) to the ceiling (comparative rent × 1.10). These are estimates. The legally binding figure depends on the specific apartment, its features, and possible exemptions.

The Rüge: a formal notice to the landlord

Before any overpaid rent can be reclaimed, the tenant must notify the landlord in writing (§ 556g(2) BGB). This is called a Rüge. For tenancies starting on or after 1 January 2019, a simple written notice is enough. The old "qualifizierte Rüge" requirements no longer apply. A Mieterverein can help draft one.

Can you get money back?

Since the 2019 reform (Mietrechtsanpassungsgesetz), tenants can reclaim overpaid rent. How far back depends on timing: a Rüge sent within 30 months of the tenancy start can open reclaim from month one. After 30 months, reclaim is limited to rent due after the landlord received the Rüge. The exact rules depend on the individual case.

Where to get help

A Mieterverein (tenant association) is the most common first step. Membership costs roughly 50-90 per year, and they can assess your case, help draft the Rüge, and represent you. Legal aid (Beratungshilfe) is available depending on income. A Mietrecht lawyer can take the case to court if needed.

Mistakes that weaken a claim

A vague Rüge that doesn't name the specific issue. Not putting it in writing. Mixing up warm and cold rent. Ignoring possible exemptions (new-build, prior rent, modernization). Waiting too long: timing affects what you can reclaim.