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The rent brake in Hesse: what applies until 25 November 2026

Hesse’s tenant-protection ordinance expires at the end of November 2026; a successor has been announced but not yet published.

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Maximum rent at the start of the tenancy

no cap

The municipality is in no ordinance on this date.

Local reference rent€11.00/m²
Reference rent for your floor area€682
Rent brakedoes not apply here
Increase cap20 % in three years

Without the rent brake, Sections 556d ff. BGB set no limit at signing. Later increases still follow Section 558 BGB, with the reference rent and the cap.

How we calculate
Enter the reference rent from your municipality’s rent index; without one, three comparable flats or an expert opinion are used (Section 558a BGB). · Hessen ordinance

Hesse sets the rent brake, the increase cap and the notice ban in one tenant-protection ordinance (Mieterschutzverordnung) of 18 November 2020. An amendment in November 2025 extended it, with an unchanged list, until 25 November 2026. It covers 49 whole municipalities, mostly in the Rhine-Main area: Frankfurt am Main, Wiesbaden, Darmstadt, Offenbach, Bad Homburg and many towns in the Taunus and the Groß-Gerau and Offenbach districts, plus Marburg and Fuldabrück near Kassel. There, the rent brake applies to new leases, a 15 per cent cap to increases and an eight-year notice ban after conversion into condominiums. According to press reports in September 2026, the state government is preparing a new ordinance for 71 municipalities, with a decision expected in mid-November; it has not been published yet. Take Wiesbaden: with an assumed reference rent of €11.20 for 75 m², a lease signed in October 2026 may cost at most €924.00 a month; a lease of 1 December 2026 would on current law no longer be covered.

The 2020 ordinance and its extension

Since 2020 the Hesse tenant-protection ordinance has combined the area designations under Section 556d(2), Section 558(3) and Section 577a(2) of the Civil Code. Since 2020 it has covered whole municipalities, no longer single districts. The amendment of 12 November 2025, in force since 18 November 2025, only extended its term. Because the end is so close, the rent check watches the date carefully for Hesse: for new leases the signing date, for increases the day the letter arrives.

Wiesbaden as an example

A 75 m² lease at €960 signed in October 2026: with the assumed reference rent of €11.20, the ceiling is €924.00, and the rent is €36.00 above it. A complaint within 30 months recovers the overpayment from the start, even if the ordinance has since expired; the complaint page explains how. An increase from €714 to €840 that arrives before the expiry is capped at €821.10.

Every municipality in the ordinance

Hesse tenant-protection ordinance as amended in November 2025: 49 municipalities
LetterCountMunicipalities
B5Bad Homburg vor der Höhe, Bad Soden am Taunus, Bad Vilbel, Biebesheim am Rhein, Bischofsheim
D3Darmstadt, Dietzenbach, Dreieich
E3Egelsbach, Eltville am Rhein, Eschborn
F4Flörsheim am Main, Frankfurt am Main, Friedrichsdorf, Fuldabrück
G4Ginsheim-Gustavsburg, Griesheim, Groß-Gerau, Groß-Zimmern
H2Hainburg, Heusenstamm
K4Kelkheim, Kelsterbach, Kiedrich, Kriftel
L2Langen, Langenselbold
M4Mainhausen, Maintal, Marburg, Mörfelden-Walldorf
N4Nauheim, Neu-Anspach, Neu-Isenburg, Nidderau
O2Obertshausen, Offenbach am Main
P1Pfungstadt
R4Raunheim, Rosbach vor der Höhe, Roßdorf, Rüsselsheim am Main
S2Schwalbach am Taunus, Steinbach
U1Usingen
V1Viernheim
W3Walluf, Weiterstadt, Wiesbaden

Frequently asked questions

What happens to my rent when the Hesse ordinance expires?

For a running lease signed while the ordinance applied, the rent brake remains decisive for the starting rent, and you can still complain about overpayment. What changes: new leases from 26 November 2026 have no ceiling, and increases of up to 20 per cent in three years become possible again, unless a successor ordinance takes effect.

Which Hesse towns are to be added to the rent brake?

That is only certain once the new ordinance is published. According to press reports the draft covers 71 municipalities instead of 49. Which ones may still change during consultation. The rent check only uses published ordinances and will adopt the new list with its date once it appears in the official gazette.

Does the rent brake apply in Kassel?

No. Kassel is not in the Hesse ordinance, although neighbouring Fuldabrück is. Kassel therefore has neither the rent brake nor the lowered cap; increases of up to 20 per cent in three years are lawful. The rent check shows this when you enter Kassel as your municipality and pick Hesse.

Related pages and calculators

Sources

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