Unbenanntes Dokument
Unbenanntes Dokument


Have your rent reduced by a tenancy law professional now without any cost risk.





Landlords often act unlawfully.

Many landlords – knowingly or unknowingly – disregard the strict German tenancy law. It is often speculated that the tenant waives their rights in the face of a severe housing shortage or is not even aware of them.


Tenants are unnecessarily paying hundreds of euros too much every month.

Tenants are often not even aware that they are paying several hundred euros too much rent per month. This is because the amount of basic rent is limited by law for most apartments in major German cities.

How do I get my fair rent?




In a maximum of four steps to a fair rent:



Benefit threefold with the Mietorcas:



No cost risk: Regardless of whether we are successful or not, we cover all costs. If we are successful, we will retain the overpaid rent as a reward. You will no longer pay higher rent in the future.

No stress: You leave all communication with your landlord to us. We protect you.

Legally compliant: Before we approach the landlord, our lawyers have thoroughly examined your situation and calculated the chances of success.

The biggest misconceptions about the Rent Control




Although regulated by law, a surprising number of people are unaware that the cold rent (= rent excluding ancillary costs) for most apartments in major German cities is limited by law. One reason for this ignorance may be the complexity of the legal regulations. For example, the maximum rent must be calculated individually; it is not stated as such in the law. Some people also confuse the current regulations of the so-called Rent Control with those of the Berlin Rent Cap, which was overturned by the Federal Constitutional Court in April 2021. The rent cap froze rents for five years from a certain cut-off date. In contrast, under the regulations of the rent freeze - which remain in force - rent increases are possible both for new tenancies and during the course of the tenancy, but only within certain limits. These limits are regularly disregarded by landlords.

The law allows the landlord to continue to demand the rent of the previous tenant if the previous tenant owed this rent. However, the previous tenant only owed the rent if it was demanded before the regulations of the Rent Control came into force (01.06.2015). This is because the previous tenant regulation is intended to protect existing tenants – i.e. to protect rents that were agreed in ignorance of future regulations. Rents that were charged after the Rent Control came into force contrary to its limitations were therefore already illegal and hence not protected. Such excessive rent was never owed by the previous tenant, which is why the landlord cannot invoke it.

Landlords and tenants can use a tenancy agreement to regulate certain circumstances of the tenancy. This also includes the amount of the basic rent. However, if the contractually agreed basic rent exceeds the legally permissible amount, it is null and void and therefore does not apply. In other words, there is no harm in signing a tenancy agreement as a tenant that contains a legally impermissible basic rent. In this case, the landlord was never entitled to contractually demand a corresponding rent level and therefore cannot invoke the agreement if the tenant later complains that the rent is too high. If the tenant demands that the rent be reduced to the legally permissible level within the first 30 months of the contract being concluded, they can reclaim any money they have overpaid up to that point. After the 30 months have expired, the reduction in rent can only be demanded for the future.

One of the most widespread myths is the assumption that legal limits on the amount of the basic rent do not apply if the apartment is furnished. The fact is that furniture in the apartment can only – under further conditions – lead to the inapplicability of the Rent Control if the landlord also lives in the apartment, e.g. shares the kitchen and/or bathroom with the tenant. If, on the other hand, the rented accommodation is fully available to the tenant, the rules of the Rent Control apply. However, in this case the landlord can demand a so-called furnishing surcharge. In Berlin, for example, this is 2% of the current value of the furniture per month. The tenant has the right to demand information on the landlord's calculation of the current value and can thus defend themself against an excessively high rent.

Irrespective of the furnishings, the fixed term of a tenancy may have an impact on the applicability of the Rent Control. Please read Misconception 5: Fixed-term apartment.

In residential tenancy law, a distinction must be made between two different types of fixed-term tenancy:

In variant 1, the tenant has their main place of residence in the apartment. This may also be the case if it is a second home, as is often the case with students. In this case, the request for a fixed term is primarily made by the landlord, who may wish to use the apartment for himself or a family member after the end of the rental period. The maximum rents of the Rent Control apply to such a fixed-term tenancy agreement.

Variant 2 is different: In this case, the living space is only rented out for temporary use, which is the rule for hotel rooms or vacation apartments, for example. In such constellations, it is clear that the tenant does not need to be protected too strongly because the center of their life is in a different location and they have only left this location temporarily for a specific purpose (e.g. a professional project). In this case, the request for a fixed term is therefore made by the tenant. The Rent Control only does not apply to this type of letting for temporary use.



You have another tenancy law issue? Then our partner attorneys can help you.



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Mietorcas team



Ulrich Mohr

Mietorca | founder

Ulrich lives in Hanover and has been advising clients on tenancy law for many years. He studied law with additional training in economics in Bayreuth and Leipzig and is also a specialist lawyer for employment law and a mediator.

Ulrich's comment on the Rent Control: "A good relationship with the landlord is based on fairness. Paying hundreds of euros too much to the landlord every month is not fair. Tightening the rent control ensures fair tenancies."


Karin Dennstedt

Mietorca | Rent Control expert

Karin lives in Berlin and supports tenants in reducing their rent. She has been keeping an eye on the Berlin rent index for many years, knows the housing market in the German capital and has been dealing with the legal basis of the Rent Control since its introduction.

Karin's comment on the Rent Control: "My city is diverse, with good, average and basic residential areas. Unfortunately, however, many landlords ignore the true residential value of their property - they take as much rent as they can and disregard the legal limits. As a tenant, you shouldn't just put up with that!"


Dr. jur. Raphael Hoffmann

Mietorca | founder

Raphael Hoffmann lives in Berlin and has already helped numerous people to lower their rent. He studied law, social sciences and Protestant theology and teaches at the Carl von Ossietzky University of Oldenburg alongside his professional activities.

Raphael's comment on the Rent Control: "Not applying the rent freeze is like throwing money out the window. It's better to go on vacation than unnecessarily pay hundreds of euros too much to the landlord every month!"


Experiences with the Mietorcas

  • Nicolai from Steglitz

    "Almost 700 Euros cold rent less per month! Many thanks to the Mietorcas."

  • Mia from Berlin-Wedding

    "Mietorcas have reduced my cold rent by a third per month. Finally, I am paying a fair rent!"

  • Joseph from Tempelhof

    "Thanks to Mietorcas’ support with subletting, my parents and sister can now live with me."

  • Lia from Lichtenberg

    "The Orcas helped me to get out of the tenancy in which I was still a co-tenant despite having moved out. What a relief!"

  • Peter from Mahlow

    "Thanks to the professional support of the Mietorcas, the tree in front of my window has been pruned so that I can see the sun again after many months."

  • Nicolai from Steglitz

    "Almost 700 Euros cold rent less per month! Many thanks to the Mietorcas."

  • Mia from Berlin-Wedding

    "Mietorcas have reduced my cold rent by a third per month. Finally, I am paying a fair rent!"

  • Joseph from Tempelhof

    "Thanks to Mietorcas’ support with subletting, my parents and sister can now live with me."

  • Lia from Lichtenberg

    "The Orcas helped me to get out of the tenancy in which I was still a co-tenant despite having moved out. What a relief!"

  • Peter from Mahlow

    "Thanks to the professional support of the Mietorcas, the tree in front of my window has been pruned so that I can see the sun again after many months."