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German rent brake — the permitted rent when re-letting

In an area designated by Land ordinance, the rent at the start of a tenancy may exceed the local comparative rent by 10 percent at most. If the previous tenant paid more, that higher rent may be kept.

2026 rules — verified on September 23, 2026Free, no account

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Sources and assumptions

  • gesetze-im-internet.de — BGB § 556d Abs. 1 — tax year 2026, verified on September 23, 2026
    Excerpt from the source : « so darf die Miete zu Beginn des Mietverhältnisses die ortsübliche Vergleichsmiete (§ 558 Absatz 2) höchstens um 10 Prozent übersteigen. »

Calculation assumptions

  • The local comparative rent is an input, typically taken from the rent index; it is not derived here.
  • No surcharge is calculated for modernisation carried out in the last three years (BGB s. 556e(2)).
  • The previous rent is entered without rent reductions and without increases agreed in the final year of the previous tenancy (BGB s. 556e(1), second sentence).
  • The Land ordinance must be in force when the lease is signed; index-linked and stepped rents and transitional law are not checked.
  • The landlord may rely on the previous rent or an exemption only if they disclosed it in text form, unprompted, before the lease was signed (BGB s. 556g(1a)); this is assumed here.

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This result is provided for information purposes only and does not constitute personalised tax advice. Check your situation with the tax authorities or a professional.