Berlin-Friedrichshain (Niederbarnimstraße) – Rent Reduced from €995 to €725 and €1,000 Repayment

In a case handled by our firm in Berlin-Friedrichshain (Niederbarnimstraße), the excessive rent for an approximately 75 m² three-room period apartment was significantly reduced out of court – the matter has been conclusively and securely resolved through a comprehensive supplementary agreement. Our client had most recently been paying an indexed net cold rent of €994.65 (originally €950.00). We raised a breach of the rent cap (§§ 556d ff. BGB) with the landlord; just a few days after we became involved, the other side signalled a willingness to negotiate.

The agreement now concluded goes well beyond a simple rent reduction. The net cold rent falls retrospectively to €725 from 1 May 2026 – a reduction of around 27%. This is accompanied by repayment of overpaid rent (initially €269.65 for May 2026, plus all further amounts overpaid from the effective date of the reduction), as well as a partial refund of the rental deposit of €600, as it had been set too high on the basis of the excessive starting rent. The index rent agreement also lapses, so future automatic rent increases are off the table. The landlord is furthermore bearing two thirds of the out-of-court legal costs (€671.16 of €1,006.74). Finally, a 20% rent reduction was agreed for the duration of ongoing building works and scaffolding on the property – among other things due to noise, dust, shading and restricted use of the balcony.

In our assessment, a still lower rent would have been theoretically possible on the basis of the Berlin rent index. After comprehensive advice, however, our client deliberately opted for the swift, amicable and legally secure solution – and thus for an overall very advantageous package without the uncertainties and duration of court proceedings. The next steps are of course always determined by the client in close consultation with us; we explain all relevant legal and financial advantages and disadvantages, including any cost and litigation risks.

Especially for new lettings as well as index and stepped rent agreements, it is worth checking the rent cap. We review your tenancy agreement, pursue overpaid amounts and enforce your rights consistently – out of court and in court. Request a non-binding review of your tenancy agreement now.