The former Berlin Mietendeckel
Berlin’s Mietendeckel (MietenWoG Bln) was declared void by the Federal Constitutional Court on 25 March 2021; the decision was published on 15 April 2021. The initial-rent brake is a separate rule under federal law. BVerfG, 25.03.2021 – 2 BvF 1/20 u. a..
Where does the rent brake apply?
For residential leases in an area covered by an applicable state ordinance, § 556d BGB generally limits the initial rent to 10% above the local comparative rent. Check the address, ordinance and relevant date. The rule is not a nationwide cap on every tenancy. § 556d BGB.
Previous rent and exceptions
A higher previous rent or qualifying recent modernisation can affect the limit under § 556e BGB. Not every previously charged amount qualifies. Section 556f excludes dwellings first used and let after 1 October 2014 and the first letting after comprehensive modernisation. § 556e BGB; § 556f BGB.
Information and objections
When relying on previous rent or an exception, landlords must give the prescribed information before the tenant’s contractual declaration. If it was omitted, they cannot rely on those grounds until two years after supplying it properly. A defect only in the form is cured when the proper form is supplied. Tenants can request relevant facts that are not generally accessible. § 556g BGB.
Reclaiming excess payments
Recovery requires an objection (Rüge) in text form, addressing any information already provided. Under the rule for tenancies begun from 1 April 2020, an objection received more than 30 months after the tenancy began, or after it ended, restricts recovery to rent falling due after receipt. Older tenancies follow transitional rules. § 556g BGB; Art. 229 § 49 EGBGB; Art. 229 § 51 EGBGB.
Preparing the assessment
Keep the lease, rent records, comparative-rent evidence, landlord’s disclosures and dated correspondence. Rent increases during an existing tenancy follow separate rules; § 558’s increase cap differs from the initial-rent brake. Defect-related rent reduction is another issue. § 558 BGB.
Related tenancy topics
- Termination (in German)
- Defects and rent reduction (in German)
- Rent increases (in German)
- Operating costs (in German)
Official German legal provisions
BVerfG 2 BvF 1/20 u. a. · § 556d BGB · § 556e BGB · § 556f BGB · § 556g BGB · § 558 BGB · Art. 229 § 35 EGBGB · Art. 229 § 49 EGBGB · Art. 229 § 51 EGBGB (in German)
Reviewed: 8 October 2026.