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Rent brake calculator: is your new rent too high?

Your municipality and start date decide whether the brake applies; the reference rent and the previous rent set the ceiling.

Checked by Radif Partners · Editorial policy · Method

Only if the landlord disclosed it

Place your fittings in the range (guidance)

Maximum rent at the start of the tenancy

€453.53

€366.47 too much per month

Local reference rent€6.65/m²
Reference rent for your floor area€412.30
Range in the rent index5.77–8.74 €/m²
Rent brakeapplies until 31 December 2029
Increase cap15 % in three years
Limit: reference rent + 10%€453.53
Recoverable up to the complaint€2,931.76
Complaint with full effect until1 September 2028

You can only reclaim after a written complaint. If it arrives within 30 months of the start and the tenancy is still running, it reaches back to the start (Section 556g(2) BGB).

How we calculate
Berlin rent index 2026, line 89 · Official rent index · Berlin ordinance

The rent brake (Mietpreisbremse) caps the rent at the start of a German tenancy at the local reference rent plus 10 per cent, but only in municipalities a state has listed in an ordinance under Section 556d(2) of the Civil Code, and only for leases signed while that ordinance is in force. The calculator checks both against the date of your lease, works out the reference rent from the rent index for Berlin and Hamburg, and applies the exemptions: a higher previous rent, new builds first let after 1 October 2014, and the first letting after a full modernisation. Take a 1910 flat of 72 m² in a good Berlin location. The 2026 index gives €8.97 per square metre, so the lawful rent is €710.42 a month before service charges. At an agreed €980 you overpay €269.58 every month. With a complaint in October 2026 on a lease that began in March 2025, €5,391.60 can be reclaimed, because the complaint comes within 30 months.

What the calculator checks

First the municipality. The rent brake is a federal law that only bites where a state government has found a tight housing market and listed the municipality in an ordinance. The calculator holds the lists of all 16 states with their dates. If your lease was signed before the ordinance took effect or after it expired, Section 556d BGB sets no ceiling. Then the reference rent: worked out from the index in Berlin and Hamburg, taken by you from the city's official rent index elsewhere. Last, the exemptions in Section 556e and Section 556f BGB.

The results appear on the right: the lawful ceiling, how far your rent exceeds it, and, with the date of your complaint, the amount you can reclaim up to then. Section 556g(2) BGB sets the refund period: it reaches back to the start if the complaint arrives within 30 months and the tenancy is still running.

The example step by step

Working for a pre-war flat in Berlin
StepValue
Reference rent, Berlin index 2026, good location, built by 1918, 70 to 80 m²€8.97 per m²
times 72 m²€645.84
plus 10 per cent€710.42
agreed net cold rent€980.00
overpaid per month€269.58
refund with a complaint on 12 October 2026, lease from 1 March 2025€5,391.60 for 20 months

Rent index values are net cold rents. If your lease includes some service charges in the rent, deduct them first. Furniture surcharges are not part of the index; they are still subject to the rent brake, but no official table sets their level, so the calculator leaves them out.

After the result

If your rent is above the ceiling, the next step is a written complaint; the complaint page lists what it must contain. You can also first ask the landlord for the facts behind the rent (Section 556g(3) BGB). With a graduated rent the ceiling applies to every step, with an index-linked rent only to the starting rent.

Frequently asked questions

How is the rent-brake ceiling calculated?

Reference rent per square metre times floor area, plus 10 per cent, always on the net cold rent without service charges. If the previous tenant paid more, the landlord may keep charging that, ignoring increases agreed in the last year of that tenancy. After modernisation in the last three years he may add what an increase under Section 559 of the Civil Code would have produced.

How do I know whether my municipality is covered?

From your state's ordinance; the calculator finds your municipality on the list and checks that the ordinance was in force on the day you signed. Ordinances may run until 31 December 2029 at the latest. Some cover only parts of a town; the result then says so, and you should check your district in the ordinance the calculator links.

How much do I get back if I complain late?

If you complain more than 30 months after the start, or only after moving out, you recover only rent falling due after the complaint arrives. With a lease from March 2023 and a complaint in October 2026, the example yields just €539.16 to the end of the year instead of the overpayment since 2023. From the complaint on, you only pay the lawful rent.

Does the landlord have to tell me the previous rent?

Yes, if he wants to rely on it. Section 556g(1a) of the Civil Code requires him to disclose, in text form and before you sign, the previous rent, any modernisation in the last three years, a first letting after 1 October 2014 or a full modernisation. If he does not, the normal ceiling applies; if he discloses it later, only two years afterwards.

Related pages and calculators

Sources

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Legal status 2026, checked on