Where Does the Mietpreisbremse Apply in 2026? Does the German Rent Brake Apply to Me?
The Mietpreisbremse (German rent brake) does not automatically apply everywhere in Germany. Although its legal basis is set out in the German Civil Code (BGB), the individual federal states determine which cities and municipalities are covered.
This guide explains where the Mietpreisbremse applies in 2026, how to check whether your city is covered, and whether the rent brake actually applies to your particular apartment. Even if you live in a covered area such as Berlin, Hamburg, Munich, Cologne or Leipzig, additional requirements and possible statutory exceptions must still be considered.
Anyone renting a new apartment and finding the rent surprisingly high will sooner or later come across the Mietpreisbremse. This often leads to a very simple question: Does the Mietpreisbremse actually apply to me?
Whether the Mietpreisbremse applies to your apartment needs to be checked in two steps: Is the apartment located in an area with a tight housing market (Gebiet mit angespanntem Wohnungsmarkt)? And does the Mietpreisbremse actually apply to your specific apartment and tenancy?
Quick Check: Does the Mietpreisbremse Apply in My City?
The Deutscher Mieterbund (German Tenants' Association) provides a nationwide overview of the cities and municipalities in which the Mietpreisbremse applies. The currently published list reflects the situation as of December 2025. Legally, however, the applicable regulation of the relevant federal state remains decisive.
Important: If your city appears on the list, this does not automatically mean that your particular rent violates the Mietpreisbremse. Additional legal requirements must still be examined.
Why Does the Mietpreisbremse Not Apply Everywhere in Germany?
The federal legislature has established in the BGB how the Mietpreisbremse works. The individual federal states, however, determine where it actually applies.
The key provision is Section 556d BGB. As a general rule, when a new tenancy agreement is concluded, the rent may not exceed the local comparative rent (ortsübliche Vergleichsmiete) by more than 10 percent – but only if the apartment is located in an area that has previously been designated by regulation as an area with a tight housing market.
The law therefore effectively creates a two-stage mechanism: Federal law → State regulation → Mietpreisbremse applies locally.
What Is an “Area with a Tight Housing Market”?
Section 556d(2) BGB defines an area with a tight housing market as an area in which an adequate supply of rental housing for the population on reasonable terms is particularly at risk. A housing market may be considered tight in particular where:
- rents are increasing significantly faster than the nationwide average
- the average share of household income spent on rent is significantly higher than the nationwide average
- the population is growing without sufficient new housing being built
- vacancy rates are low while demand for housing is high
The state government must also provide reasons for its decision and explain the facts on which it bases its assessment that the relevant housing market is tight.
In Which German States and Cities Does the Mietpreisbremse Apply?
The Mietpreisbremse therefore does not apply throughout Germany. Some federal states have designated a large number of cities and municipalities, while others cover only a few.
According to the current overview published by the Deutscher Mieterbund, the Mietpreisbremse applies, for example, throughout Berlin and Hamburg. In North Rhine-Westphalia (Nordrhein-Westfalen), cities including Cologne (Köln), Düsseldorf, Bonn, Dortmund and Münster are covered. In Saxony (Sachsen), it applies in Dresden and Leipzig, while in Thuringia (Thüringen) it applies in Erfurt and Jena. There are also numerous municipalities covered by the Mietpreisbremse, particularly in Bavaria (Bayern) and Baden-Württemberg.
According to the currently published overview, there is no corresponding Mietpreisbremse regulation in Saarland, Saxony-Anhalt (Sachsen-Anhalt) or Schleswig-Holstein.
Because state regulations can change, the current legal position should always be checked for an individual case.
How Long Will the Mietpreisbremse Remain in Force?
Under the current version of § 556d(2) BGB, the relevant state regulations must expire no later than 31 December 2029. However, this does not mean that every state regulation currently in force automatically continues until the end of 2029. The decisive factor is the period specified by the respective federal state in its own regulation.
If My City Is Covered, Does the Mietpreisbremse Automatically Apply to My Apartment?
No. Being located in an area with a tight housing market is only the first step. It must then be determined whether the Mietpreisbremse applies to the specific tenancy. For example, special rules apply to apartments that were first used and rented out after 1 October 2014, to the first letting following comprehensive modernisation, and to certain cases in which a higher previous rent (Vormiete) was already legally permissible.
How Can I Find Out Whether the Mietpreisbremse Applies to Me?
For an initial assessment, three questions are particularly important:
- Is my apartment located in a city or municipality that has been designated as an area with a tight housing market?
- Does the Mietpreisbremse apply to my particular apartment, or does a statutory exception apply?
- What is the local comparative rent (ortsübliche Vergleichsmiete), and therefore what is the generally permissible rent for my apartment?
Only once these questions have been answered can it be determined whether the rent agreed in your tenancy agreement is actually too high. Even in a city where the Mietpreisbremse applies, a high rent is not automatically unlawful.
Conclusion: Check the Location First – Then Check Your Actual Rent
Section 556d BGB provides the federal legal framework. The individual federal states then determine by regulation which cities and municipalities qualify as areas with tight housing markets. Anyone who wants to know whether their rent is actually too high should therefore first check whether the apartment is located in an area where the Mietpreisbremse applies — and then determine whether it applies to the specific apartment and what rent is legally permissible.
Frequently Asked Questions
Does the Mietpreisbremse apply everywhere in Germany?
No. The Mietpreisbremse only applies in cities and municipalities that have been designated by the relevant federal state as areas with a tight housing market (Gebiete mit angespanntem Wohnungsmarkt).
How can I check whether the Mietpreisbremse applies in my city?
The Deutscher Mieterbund publishes a nationwide overview of cities and municipalities where the Mietpreisbremse applies. For legal purposes, however, the current regulation of the relevant federal state is decisive.
Does the Mietpreisbremse apply in Berlin?
Yes. The whole of Berlin is covered by the Mietpreisbremse. However, this does not automatically mean that every high rent in Berlin is unlawful. Possible statutory exceptions must still be examined.
Does the Mietpreisbremse apply in Hamburg?
Yes. The whole of Hamburg is covered. Whether your individual rent exceeds the legally permissible amount must be assessed separately.
Does the Mietpreisbremse apply in Munich, Cologne, Frankfurt and Leipzig?
Yes. The Mietpreisbremse applies in many major German cities, including Munich, Cologne, Frankfurt am Main and Leipzig. As state regulations can change, the current rules for the relevant city should always be checked.
If the Mietpreisbremse applies in my city, does it automatically apply to my apartment?
No. The location is only the first step. There are statutory exceptions, including special rules for certain newly built apartments, first lettings following comprehensive modernisation and cases involving a higher previous rent (Vormiete).
How high can my rent be under the Mietpreisbremse?
As a general rule, the rent for a new tenancy may not exceed the local comparative rent (ortsübliche Vergleichsmiete) by more than 10 percent if the Mietpreisbremse applies. Statutory exceptions may allow a higher rent in individual cases.
How long will the Mietpreisbremse remain in force?
Under the current version of § 556d(2) BGB, state regulations implementing the Mietpreisbremse must expire no later than 31 December 2029. Individual state regulations may have different validity periods.
How do I know whether my rent is actually too high?
Three questions need to be answered: Is your apartment located in an area where the Mietpreisbremse applies? Does a statutory exception apply to your apartment? And what is the local comparative rent for your particular property? Only then can it be determined whether your rent actually exceeds the legal limit.
