Rent too high when moving in? Invoke the rent brake
You just moved in and pay a strikingly high rent? In areas with a rent brake, the rent on new leases may be at most 10% above the local comparable rent. If it is higher, you can challenge the excessive rent and get money back.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Challenge the rent or reclaim it →Your chances of getting your money back
What you should do now
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1. Does the rent brake apply?
Check whether your apartment is in an area with a rent brake and that no exception applies (new build, extensive modernization, higher previous rent).
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2. Determine the comparable rent
Use the rent index or comparable apartments. If your rent is more than 10% above that, it is probably excessive.
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3. Request information and challenge
Request information about the rent level from the landlord and challenge the excessive rent in writing (a qualified challenge).
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4. Reclaim overpayments
From when the challenge is received, you can reclaim the overpaid rent and in future pay only the permitted amount.
Frequently asked questions
How much rent is allowed under the rent brake?
On re-letting in a designated area, at most the local comparable rent plus 10% (§ 556d BGB). Exceptions apply, among others, to new builds, extensively modernized apartments and an already higher permitted previous rent.
Do I get overpaid rent back?
Yes, from the point your challenge reaches the landlord. You can reclaim the rent paid above the permitted limit and in future pay only the permitted rent. The qualified challenge and the right to information about the rent level are key.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.