Rent Brake 2026: Where It Applies – States and Cities
Rent brake 2026 by German state: rules, expiry, municipalities, 15% rent rise cap. Expiring rules in Hesse, Baden-Württemberg and Saxony; 80 cities checked.
FAQ
Where does the rent brake apply in 2026?
In 13 federal states with a state regulation: across the entire city areas of Berlin and Hamburg, and in individual municipalities elsewhere. There is no rent brake in Saarland, Saxony-Anhalt or Schleswig-Holstein. Whether it applies to a flat depends on the municipality in which it is located.
How much rent can be charged under the rent brake?
At the start of the tenancy, no more than 10% above the local comparative rent. If the comparative rent is €9.00 per m², the limit is €9.90 per m². The landlord may continue to charge a higher rent paid by the previous tenant.
Does the rent brake apply to new-build flats?
No. Flats first occupied and let after 1 October 2014 are exempt, as is the first letting after comprehensive modernisation (§ 556f BGB). The landlord must inform the tenant of the exception before the tenancy agreement is concluded.
What happens when a regulation expires?
The rent brake ceases to apply from the following day. If the rent increase cap regulation expires at the same time, the limit for rent increases reverts to 20%. Tenancy agreements concluded before then remain subject to the rent limit that applied at the time. Hesse and Baden-Württemberg have announced replacement regulations, but as at 14 October 2026 these have not yet been officially published.
What is the difference between the rent brake and the rent increase cap?
The rent brake limits the rent charged for a new tenancy. The rent increase cap limits increases during an existing tenancy to 20% over three years, or 15% in areas covered by a regulation. Both are linked to the local comparative rent.
How much longer will the rent brake remain in place?
Under current federal law, all state regulations must expire no later than the end of 31 December 2029 (§ 556d Abs. 2 BGB). Some states have set earlier expiry dates.