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Rent increase cap: the second limit on every rent rise

Even where the reference rent would allow more, your rent may only rise by a fixed percentage within three years.

Checked by Radif Partners · Editorial policy · Method

Increase cap: your upper limit

Maximum after three years

€690

At most more per month€90
At most more per year€1,080

The reference rent may set a lower limit.

Check municipality and deadlines →

The cap on rent increases (Kappungsgrenze) in Section 558(3) of the German Civil Code (BGB) limits rises towards the local reference rent: within three years the rent may go up by no more than 20 per cent, or 15 per cent where the supply of rental housing is especially at risk. Each state government designates those areas by ordinance for at most five years. In October 2026, 14 of the 16 states have such an ordinance, covering 721 municipalities between them; Saarland and Saxony-Anhalt have none and stay at 20 per cent. The base is the rent owed three years before the date the increase is to take effect. Increases for modernisation and service charges under Sections 559 to 560 are left out. Example: €700 three years ago, later an increase to €735 plus a modernisation surcharge of €40. With a 15 per cent cap the rent can reach at most €845.00, €70.00 more than now; with 20 per cent it would be €877.50.

Two ceilings, and the lower one wins

A rent increase under Section 558 BGB has to clear two hurdles. The new rent may not exceed the local reference rent, usually taken from the qualified rent index. And it may not rise by more than the cap within three years. If your rent is far below the index, for instance because you have lived in the flat for many years, the cap is usually the tighter limit. It stops a long-standing tenant from being lifted to market level in one go.

The cap is 20 per cent. It falls to 15 per cent where an adequate supply of rental housing on reasonable terms is especially at risk in a municipality or part of one, and the state government has designated that area by ordinance (Verordnung). Each ordinance lasts at most five years; without a successor the federal figure applies again.

Which states have lowered the cap

In October 2026, 14 states have a cap ordinance. Berlin, Bremen and Hamburg are each covered as a whole, although in Bremen only the city of Bremen counts, not Bremerhaven. The longest list belongs to Bavaria, with 284 municipalities. Some states bundle the cap with the rent brake and the notice ban after conversion to condominiums in a single tenant protection ordinance; others use separate ordinances with their own dates. That is why a town can have the lower cap without the rent brake, as everywhere in Schleswig-Holstein.

State cap ordinances, 721 municipalities in total
StateMunicipalities at 15 %In force sinceRuns until
Baden-Württemberg1301 January 202631 December 2026
Bavaria2841 January 202631 December 2029
Berlin111 May 202310 May 2028
Brandenburg361 January 202631 December 2030
Bremen11 September 202431 August 2029
Hamburg11 September 202331 August 2028
Hesse4926 November 202025 November 2026
Mecklenburg-Western Pomerania101 October 202330 September 2028 / 18 March 2031
Lower Saxony571 January 202531 December 2029
North Rhine-Westphalia571 March 202528 February 2030
Rhineland-Palatinate291 October 202430 September 2029
Saxony21 July 202530 June 2027
Schleswig-Holstein621 May 202430 April 2029
Thuringia21 October 201930 September 2029
Saarland0no ordinance20 % applies
Saxony-Anhalt0no ordinance20 % applies

Mecklenburg-Western Pomerania has two ordinances with different end dates, hence two dates in its row. In Rhineland-Palatinate the ordinance names districts, so the number of municipalities comes from the official register of municipalities. Time is short in Hesse (25 November 2026), Baden-Württemberg (31 December 2026) and Saxony (30 June 2027): without a follow-up ordinance the cap there returns to 20 per cent. The rent increase calculator checks your municipality against the date of the increase letter, and state pages such as Schleswig-Holstein cite the ordinance and where it was published.

Which rent is the starting point

The cap looks backwards. Start from the date the new rent is meant to apply, which is the beginning of the third calendar month after the demand reaches you (Section 558b(1) BGB). Go back three years from there and take the net cold rent (rent without service charges) owed on that day. Every increase under Section 558 that has taken effect since then counts against the cap; whatever has been used up is no longer available for the next increase.

Increases under Sections 559 to 560 BGB do not count: the modernisation surcharge, the surcharge after a new heating system, and adjustments of service-charge advances or flat rates (Section 560 BGB). They do not eat into the cap, but they are not stripped out for the reference-rent test either: there, the whole rent of the modernised flat is compared with similar flats.

A worked example with modernisation

A flat of 65 m² in a municipality with the lower cap. The increase letter arrives on 20 October 2026, so the new rent would apply from 1 January 2027. On 1 January 2024 the net cold rent was €700. Since then there has been one increase under Section 558 to €735 and, after building work, a modernisation surcharge of €40, so the tenant now pays €775. We assume a reference rent of €13.50 per m².

The cap and the reference rent in the example
Step15 %20 %
Rent on the date three years earlier€700.00€700.00
plus the cap€105.00€140.00
of which already used by the earlier increase€35.00€35.00
plus modernisation surcharge (not counted)€40.00€40.00
Ceiling from the cap€845.00€880.00
Ceiling from the reference rent (65 m² times €13.50)€877.50€877.50
Lawful new rent€845.00€877.50
Rise compared with today€70.00€102.50

At 15 per cent the cap is the tighter limit and the tenant pays no more than €845.00 from now on. At 20 per cent €877.50 would be possible, because the reference rent then takes over as the limit. The difference of €32.50 a month shows what the state ordinance is worth to a tenant. Had the modernisation taken place more than three years ago, the surcharge would already be part of the starting rent and would be capped along with it.

What else the landlord has to respect

  • Waiting periods. The demand may come no earlier than 12 months after the last increase under Section 558, and the rent must have stayed unchanged for 15 months when the new one applies. Modernisation and service-charge increases do not restart this clock.
  • Text form and reasons. The letter has to be justified under Section 558a BGB, by a rent index, a rent database, an expert report or three comparable flats. It need not work out the cap for you; checking that is up to you.
  • Time to decide. You have until the end of the second calendar month after receipt. If only part of the increase is lawful, you can agree to that part and refuse the rest.

There is no cap for graduated or index-linked rents, because increases under Section 558 are excluded there; their limits are explained on the pages on graduated rent and index-linked rent. How to check an increase letter as a whole is covered on the rent increase page.

Frequently asked questions

Does a modernisation surcharge count towards the cap?

No. Section 558(3) BGB expressly excludes increases under Sections 559 to 560: modernisation surcharges, the surcharge after a new heating system and adjustments of service charges. They do not use up the 15 or 20 per cent and are added on top of the capped rent. The reference rent still limits the whole rent, though, because the modernised flat is compared with similar flats.

What happens to the cap when the state ordinance expires?

The municipality falls back to 20 per cent until the state issues a new ordinance. An ordinance can run for no more than five years, after which the government must reassess the market. The ordinances of Hesse, Baden-Württemberg and Saxony end by the close of 2027 at the latest. For an increase already under way, what matters is which cap applied at the relevant time; a tenants’ association can help if in doubt.

Can the landlord use up the cap in several small steps?

Yes. The cap applies to the sum of all increases under Section 558 BGB within three years, not to each step. But every step must respect the waiting periods: the demand may come no earlier than 12 months after the last increase, and the rent must have stayed unchanged for 15 months when the new one takes effect. That allows at most three steps in three years.

Can a lease clause waive the cap?

No. Under Section 558(6) BGB any agreement that departs from the statute to the tenant’s disadvantage is void, so a clause allowing increases up to the reference rent without a cap does not bind you. It is different if the lease sets a graduated rent (Staffelmiete) or an index-linked rent (Indexmiete): then there is no increase under Section 558 at all, and so no cap.

Are there any increases to which no cap applies?

One narrow case. When a former social housing flat leaves public control and the tenant’s duty to pay a compensatory levy (Fehlbelegungsabgabe) ends, the landlord may raise the rent without the cap, as long as the rise does not exceed the levy last paid (Section 558(4) BGB). A new lease is not covered by the cap anyway; there, only the rent brake can apply.

Related pages and calculators

Sources

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Legal status 2026, checked on