Berlin: how to check whether your rent is legal
Residents of Berlin who believe they are paying excessive rent for housing can now submit a proper application online to the relevant department of their administrative district (Bezirksamt). This procedure is available on the official service portal of the capital: official Service-Portal Berlin.
The Berlin state senator, Dr. Christian Gaebler (Senator für Stadtentwicklung, Bauen und Wohnen des Landes Berlin, Dr. Christian Gaebler) noted with satisfaction in this regard: “The possibility of a simplified online application is, in essence, an additional tool for protecting tenants’ rights.” And such a statement is entirely justified.
An audit of rental contracts in Berlin conducted from April to December 2025 found that 94% of them did not comply with the applicable regulations. It was established that a significant number of landlords intentionally inflated rents. In 16 cases, the rent set exceeded the market level by 10–20%, which falls within the limits permitted by the statutory “rent brake,” allowing an increase of 10% above the prescribed rate. In 82 cases, the excess was far more substantial, amounting to 20–50%, which constitutes an administrative offense and carries the risk of fines for property owners.
About two-thirds (222 out of 339) of the contracts analyzed had rates that exceeded the statutory maximum by more than 50%. Under German law, such actions are regarded as “rent speculation increases,” which may lead to criminal proceedings and the recovery of large sums of money.
To “level out” this situation, the Berlin city authorities have allocated 4.5 million euros for the period 2026–2027. These funds are intended to recruit “rent inspectors” in each of the capital’s administrative districts, to establish specialized regulatory bodies, to tighten measures against dishonest landlords, and to increase their legal liability. The introduction of a digital “Register of All Rental Apartments” is also planned, which will monitor prices using artificial intelligence (AI).
IMPORTANT
Before preparing and submitting the above-mentioned online application, it is recommended to first determine the average rent for similar housing in a specific area by using the “Berlin Rent Index”:
https://mietspiegel.berlin.de/berliner-mietspiegel/mietspiegelabfrage
If the rent exceeds the average local rent by more than 20%, the relevant department of the administrative district should be contacted for an inspection.
After receiving the online application, it will contact the tenant to clarify the details and, if necessary, request additional official information. If the fact of overcharging is confirmed, an administrative offense case may be initiated.
It is worth recalling that as early as March 2025 the Berlin Senate created a structure with similar powers to contact tenants in order to provide them with specific advice by phone or in a personal interview: Mietpreisprüfstelle.
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