The Mietpreisbremse does not apply everywhere in Germany – and even in a city where it is in force, it does not automatically apply to every apartment. Two questions therefore matter: Does the Mietpreisbremse apply where you live, and does your specific rental agreement fall within its scope?
If you rent an apartment and notice that the rent seems very high, you will often come across the German Mietpreisbremse. One of the first questions is usually: Does the Mietpreisbremse actually apply to me?
The answer does not depend only on how high your rent is. First, you need to check where the apartment is located. Then you need to determine whether your specific apartment and rental agreement are actually covered by the Mietpreisbremse. The Mietpreisbremse is based on federal law, but it does not automatically apply in every city or municipality in Germany. And even within an area where it is in force, there may be legal exceptions for individual apartments.
Does the Mietpreisbremse Apply Where I Live?
This is the first step. The basic rules are set out in the German Civil Code. Under section 556d BGB, the rent agreed in a new tenancy may generally be no more than ten percent above the local comparative rent.
However, this limit only applies in areas that the relevant federal state has officially designated as having a tight housing market . Put simply: Federal law creates the Mietpreisbremse, but the German states decide where it applies.
This means that the Mietpreisbremse may apply in one city but not in a nearby municipality.
Where Does the Mietpreisbremse Apply in 2026?
The Mietpreisbremse applies in many German cities and municipalities, but not across the whole country.
It is in force in a large number of areas, particularly in states such as Bavaria and Baden-Württemberg. Major cities covered include Berlin, Hamburg, Munich, Cologne, Düsseldorf, Bonn, Frankfurt am Main, Leipzig and Dresden. Berlin and Hamburg are each designated in their entirety as areas with tight housing markets.
The legally relevant list is determined by the current regulation of each federal state. For a first overview, nationwide lists such as the one published by the German Tenants' Association can also be useful.
Important: If your city is covered, this does not automatically mean that your rent violates the Mietpreisbremse. It only means that the first requirement is met.
Why Does the Mietpreisbremse Not Apply Everywhere?
The law deliberately limits the Mietpreisbremse to housing markets considered particularly strained. An area may be classified as tight, for example, if rents rise especially quickly, households spend an above-average share of their income on rent, the population grows without enough new housing being created, or vacancy rates are very low while demand remains high.
The federal states decide which cities and municipalities meet these criteria. So the question "Does the Mietpreisbremse apply in my city?" is always answered through a combination of federal law and state regulation.
Does the Mietpreisbremse Also Apply to My Apartment?
This is the second and often more important question. Even if your apartment is located in a city with a Mietpreisbremse, that does not automatically mean that your specific rent is limited by it.
You also need to check whether a legal exception applies. A useful way to look at the issue is therefore:
- Does the Mietpreisbremse Apply Where I Live?
- Is my specific apartment covered?
- What would the legally permissible rent be?
Only after all three questions have been answered can you meaningfully assess whether your rent is actually too high.
When Does the Mietpreisbremse Not Apply to My Apartment?
Some legal exceptions are particularly important.
For newly built apartments , the Mietpreisbremse generally does not apply if the apartment was first used and rented after 1 October 2014 (see also Does the Mietpreisbremse apply to new builds?). The key factor is not simply the construction year, but in particular the date on which the apartment was first used and rented.
There is also an exception for the first letting after a comprehensive modernisation can be exempt from the Mietpreisbremse (see also Does the Rent Cap Still Apply After Modernisation or a Full Refurbishment?). Not every renovation or refurbishment qualifies. Whether a modernisation is legally "comprehensive" has to be assessed in the individual case.
A higher (Vormiete) , meaning the previous rent, can also be relevant under certain conditions. In that situation, a landlord may sometimes be allowed to charge more than ten percent above the local comparative rent. Previous rent is therefore a common issue in Mietpreisbremse disputes.
Does the Mietpreisbremse Apply to Furnished Apartments?
A furnished apartment is not automatically excluded from the Mietpreisbremse. The Mietpreisbremse can also apply to furnished rentals. However, the furniture may play an additional role when calculating the permissible rent.
You should therefore not assume that the Mietpreisbremse does not apply simply because the apartment is advertised or rented as furnished.
Does the Mietpreisbremse Apply to Fixed-Term Rental Contracts?
A fixed-term rental contract does not automatically exclude the Mietpreisbremse either. What matters is whether the agreement is a residential tenancy covered by the relevant legal rules and whether a specific statutory exception applies.
The fact that the contract is limited in time does not by itself answer the question.
Does the Mietpreisbremse Apply to My Apartment in Berlin?
In Berlin, the Mietpreisbremse generally applies throughout the entire city. So if you live in Berlin, the geographical requirement is usually easy to establish.
But you still need to check whether your specific apartment may fall under an exception, for example because it is a new build, was comprehensively modernised or is affected by a relevant previous rent.
So the better question is not simply "Does the Mietpreisbremse apply in Berlin?" , but rather: "Does it apply to my Berlin apartment, and how much rent is legally permissible?"
Does the Mietpreisbremse Apply in Hamburg?
Yes. Hamburg is also fully covered. As in Berlin, however, geographical coverage alone does not determine whether a particular rent is too high. The apartment itself, possible exceptions and the local comparative rent still have to be examined.
Does the Mietpreisbremse Apply in Munich, Cologne, Leipzig or Frankfurt?
Yes, the Mietpreisbremse also applies in Munich, Cologne, Leipzig, Frankfurt am Main and many other major German cities.
Because the federal states define the covered areas through their own regulations and these rules can change, the current legal position should always be checked for the specific city or municipality.
How Long Will the Mietpreisbremse Continue to Apply?
The current federal legal framework allows the relevant state regulations to remain in force until no later than 31 December 2029.
That does not mean that every individual state regulation automatically lasts until that date. The applicable period depends on the specific regulation adopted by the relevant federal state.
How Can I Check Whether the Mietpreisbremse Personally Applies to Me?
The easiest way is to think of the assessment in three stages. First, check the location : Is the apartment in a city or municipality officially designated as an area with a tight housing market?
Second, check the apartment and rental agreement: Does a legal exception apply, for example because of a new build, comprehensive modernisation or previous rent?
Third, calculate the permissible rent based on the local comparative rent.
A high rent alone does not prove that the Mietpreisbremse has been violated. On the other hand, you should not assume that a high rent is legal simply because you signed the contract or because the landlord claims that an exception applies.
How Do I Know Whether It Is Worth Checking My Rent?
A rent check can be particularly useful if your net cold rent is clearly above the relevant Mietspiegel or if the rent already seemed unusually high when you moved in.
For example, if the rent permitted under the Mietpreisbremse would be €900 but you are paying €1,150, the difference is €250 per month. That amounts to €3,000 per year.
Whether that difference can actually be reclaimed and whether the future rent can be reduced depends on the specific circumstances of your tenancy.
Conclusion: "Where Does the Mietpreisbremse Apply?" Is Only the First Question
If you want to know whether the Mietpreisbremse personally applies to your apartment , you need to separate two levels. First, your apartment must be located in an area where the Mietpreisbremse is in force. Then you need to check whether your specific apartment and rental agreement are actually covered or whether a legal exception applies.
Only after that can the permissible rent be calculated.
So the key question is not only: "Where does the Mietpreisbremse apply?", but rather: "Does it apply where I live – and does it apply to my apartment?"
Check Whether the Mietpreisbremse Applies to You
Would you like to know whether the Mietpreisbremse applies to your apartment and whether your rent may be too high?
With RentAid, you can first have your rent checked free of charge and without obligation. The assessment does not only look at whether the Mietpreisbremse applies in your city. It also considers whether your specific tenancy is covered and what rent may be legally permissible.
If your case is suitable for funding, RentAid can finance further enforcement through cooperating lawyers and assume the agreed financial risk.
FAQ: Where and When Does the Mietpreisbremse Apply?
Does the Mietpreisbremse apply everywhere in Germany?
No. It only applies in cities and municipalities that the relevant federal state has officially designated as areas with tight housing markets.
How can I find out whether the Mietpreisbremse applies in my city?
The legally relevant source is the current regulation of the relevant federal state. Nationwide overview lists, for example from the German Tenants' Association, can also provide a useful first orientation.
Does the Mietpreisbremse automatically apply to me if my city is covered?
No. You also need to check whether your specific apartment falls under the Mietpreisbremse or whether a legal exception applies, for example for a new build, comprehensive modernisation or a relevant previous rent.
Does the Mietpreisbremse apply to furnished apartments?
Generally, yes. Furnishing alone does not automatically exclude the Mietpreisbremse. However, the furniture may play an additional role when calculating the permissible rent.
Does the Mietpreisbremse apply to fixed-term rental contracts?
A fixed term does not automatically exclude the Mietpreisbremse. What matters is the type of tenancy and whether a statutory exception applies.
Until when does the Mietpreisbremse apply?
The current federal framework allows relevant state regulations to remain in force until the end of 2029. The exact duration at a specific location depends on the regulation of the relevant federal state.