Frequently Asked Questions

The rent control scheme limits the amount of rent that may lawfully be charged when re-letting existing residential properties in areas with a tight housing market. As a general rule, the agreed rent may not exceed the local comparative rent (as reflected in the official rent index) by more than 10%.

In Berlin, the rent control scheme applies throughout the entire city and is currently in force at least until the end of 2029. Exceptions apply in particular to:

• the first letting of newly built residential property (i.e. dwellings first used and let after 1 October 2014), and
• the first letting following comprehensive modernisation.

Enforcement of the rent control rules requires a valid formal objection to be raised with the landlord. Particular formal and timing requirements must be observed. If the objection is made within two and a half years of the commencement of the tenancy, this may regularly give rise not only to a reduction of the rent going forward, but also to a claim for repayment of rent overpaid since the beginning of the tenancy.

Asserting your rights under the statutory rent control provisions is not, in itself, a valid ground for termination and is protected by law. A termination for personal use is also subject to strict legal requirements and, in practice, is only permissible in a limited number of exceptional cases. It is not available to commercial landlords.

Should a notice of termination nevertheless be issued, it can often be reviewed and challenged successfully. In such cases, we advise and support you at an early stage and, where necessary, represent you both out of court and in legal proceedings.

The initial assessment is free of charge and without obligation. Only thereafter do you decide whether to instruct us to represent you in enforcing your claims. We will inform you in advance, clearly and transparently, about the costs and risks of your specific case.

Example calculation:

• If, for example, you are paying €1,000 in rent although the legally permissible rent is only €600, a reduction of rent together with a repayment claim for a period of 10 months may result in an amount in dispute of approximately €8,800.
• The out-of-court legal fee under the German Lawyers’ Remuneration Act (RVG) would then amount to approximately €770. If an out-of-court settlement is reached, an additional settlement fee of a similar amount may be incurred.
• What is decisive, however, is that the costs of legal enforcement may be claimed as damages and therefore, as a rule, must be borne by the opposing party.
• Please note: the actual costs depend on the circumstances of the individual case. We will inform you transparently in advance.

If court proceedings become necessary:

• If court proceedings become necessary:
  If no out-of-court settlement can be reached, we will discuss judicial enforcement with you. In that case, additional legal fees and court costs may arise. If the court proceedings are successful, both the court costs and the previously incurred out-of-court costs will generally have to be reimbursed by the landlord.
• Naturally, we will advise you in advance about the likely costs, risks, and prospects of success before you make any decision.

Whether your legal expenses insurance will cover the costs depends on the terms of your policy. If tenancy law disputes are included within your cover, we will, on request, handle the coverage enquiry on your behalf and clarify whether, and to what extent, insurance protection is available — before any costs are incurred.

You will usually receive an initial assessment within a few days. Once instructed, we will promptly prepare the formal out-of-court notice and serve it on the landlord. If an agreement is reached, the new rent can usually be fixed on a binding basis without delay.

If no agreement can be reached, we will discuss the next steps with you and, if you wish, file a claim within a matter of weeks. Depending on the court, it may then take several months for a judicial decision to be issued.

Your case will be reviewed and handled individually by a qualified attorney. Unlike many online platforms, there is no need to assign your claims and no share of any refund is retained. We provide legal representation, pursue your claims consistently, and support you throughout the entire process with a practical and settlement-oriented approach.

Once you have instructed us, you can upload the required documents easily and securely via our website. In most cases, we will need your tenancy agreement.

Any additional documents, such as a power of attorney or documents required for assessment under the local rent index, will be provided to you in a clear and structured manner. Where needed, we will review them together with you. Your data will, of course, be treated confidentially and in full compliance with data protection requirements.