Do you also pay too much rent?

Already 2015 the regulations on the so-called Mietpreisbremse in the civil code (BGB) were inserted (§§ 556d - 556g BGB) and determined by the Bavarian state government in the Tenant Protection Ordinance (MiSchuV) 137 cities and municipalities, in which the rent brake should apply.

The main regulation content of the rental price brake is that in the case of a rental contract for living space located in one of the districts with a tight housing market specified in MiSchuV, the rent at the beginning of the rental period is the local comparative rent. may exceed 10 percent, § 556 d Abs. 1 BGB.

Insofar as rental agreements exceed the permissible rent thereafter, this agreement is ineffective, § 556g para. 1 BGB. Too much paid rent, the tenant can reclaim the landlord under certain conditions, § 556g para. 1 and para. 2 BGB.

2017 came to the LG München I - to the chagrin of many tenants - in an appeal judgment, however, to the opinion that the rent brake did not apply in the absence of proper justification of MiSchuV in Bavaria.

The Bavarian state government removed the legal uncertainty resulting from this ruling in July 2019 by issuing a new MiSchuV.

In the new MiSchuV, which applies as of the 07.08.2019, 162 cities and towns are named, which are covered by the rent brake.

An initial assessment of whether the rental price brake also applies in your municipality / city and what rights you can possibly claim against your landlord, you get through our free Mietbremsen Check. Just enter your data in our form and upload your lease. You will then receive the result of the free initial assessment by e-mail within 5 working days at the latest.