Demand Back Your Excess Rent!

Are you paying too much rent in Germany? You can demand a rent reduction and a refund of the excess rent already paid.

In Germany, rent control laws apply in 13 of 16 federal states. This means your rent can be no more than 10% above the local comparative rent (ortsübliche Vergleichsmiete).

If your landlord charges more rent than the local comparative rent, you have the right to claim the excess rent paid back and reduce your rent moving forward. To do this, you must send a written notice in German to your landlord.

You can use our sample letter to reduce the rent and demand the return of the excess rent.

You can download the letter in PDF format for free, or send it by post with a single click.
To ensure legal proof, we recommend sending it by registered post (Einschreiben).

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4_S Rent Control

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First Name

Last Name

Address

Street Name and Number

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Street Name and Number

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Disclaimer: Templates provided by LetterKrieg are for informational purposes only and have not been reviewed by a licensed attorney.

Users are solely responsible for verifying the suitability and accuracy of any document before use. LetterKrieg disclaims all liability arising from the use of its templates.

For legal advice, please consult a qualified attorney.

Can landlords increase your rent in Germany?

Yes, the landlord can increase your rent in Germany. However, there’s a rent cap (Kappungsgrenze) on how much rent can be increased. The limit depends on your rental contract and location.

If your landlord raises the rent beyond the legal limit, you can object in writing and ask for a refund of the excess rent you’ve already paid.

How much rent can a landlord increase?

The rent increase depends on your contract type:

Staffelmiete (Graduated rent) – rent increases are pre-defined in the contract.
Indexmiete (Index-linked rent) – rent is tied to inflation (Consumer Price Index).
Local comparative rent (Ortsübliche Vergleichsmiete) – rent increase follows the rent index of your municipality.

How can the rent increase due to the local comparative rent?

Under Section 558 of the German Civil Code (BGB), landlords can raise rent to match the local rent index (Mietspiegel). The local rent index is published by your local municipality every two years.

Rent can only increase every 15 months (12 months + 3 months’ notice).
Rent cannot increase by more than 20% within three years (or 15% in some federal states).
The landlord must justify the increase in writing and provide comparable examples.

When is a rent increase invalid?

A rent increase is invalid if:

The landlord does not provide written notice (letter, fax, or email).
The notice period or 12-month gap between increases is not observed.
The increase is not properly justified.
The tenant did not consent to the rent increase because it is unlawful.
The new rent exceeds the legal rent cap.
The landlord cancels your contract and offers a new one just to increase the rent. This is not allowed.

In special cases where a change in ownership is required, the new landlord or owner must honor the existing contract. The change in ownership depends on different situations:

If the building is sold, then the new owner becomes your landlord.
If the main tenant dies, their spouse, children, or relatives living in the home automatically take over the tenancy.

What should you do if your rent increases?

Check the Mietspiegel for your city and compare similar apartments.
Review your notice period. You have two full months to agree or object.
If the increase exceeds the legal limit, inform your landlord in writing and specify the permissible amount.
If you disagree or are unsure, contact a tenant’s association (Mieterverein) or a lawyer.

When can you demand a rent refund?

If your landlord has been charging rent more than 10% above the local comparative rent, you can request a rent reduction and claim the excess rent back retroactively under the Mietpreisbremse (rent control law). This is valid in 13 of 16 German states.

You can use our sample letter to request the rent reduction and claim the excess rent back.

References

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