Renting in Berlin: the rules that differ from the rest of Germany.

German tenancy law is federal, but the key numbers are set by each state. Berlin uses every tightening it is allowed, and it adds rules of its own on holiday lets and on converting flats into condominiums. It also has a free public office that checks whether your rent is legal, which most tenants have never heard of.

1. The rent brake covers the whole city

Under the Mietpreisbremse, the rent agreed in a new tenancy may generally not be more than 10% above the local comparative rent. The rule is federal (§ 556d BGB), but a state has to switch it on. Berlin has done so for the entire city. The current ordinance runs from 1 January 2026 to 31 December 2029.

The federal exceptions apply here too: a flat first let after 1 October 2014, a first letting after comprehensive modernisation, and cases where the previous tenant already paid more. A landlord relying on an exception generally has to say so before you sign.

A rent above the cap is not automatically corrected. You have to object in writing (a Rüge), and when you object affects how much you can get back. The mechanics are in our guide to the rent brake.

2. The Mietspiegel 2026

The "local comparative rent" in Berlin is read off the Berliner Mietspiegel. A new edition, the Mietspiegel 2026, has applied since 28 May 2026. It replaced the 2024 edition, so a calculation made before that date may no longer be right. It is a qualified rent index, which gives it extra weight in court.

The Senate's calculator is at mietspiegel.berlin.de. You enter the flat's size, the year it was built and the address to get the location category. The result is a range. Where your flat sits inside it depends on features such as the kitchen, bathroom, building and surroundings, which is exactly what landlords and tenants argue about.

3. 15%, not 20%, for increases

During a tenancy, a landlord can ask you to agree to an increase up to the local comparative rent. Nationally, the rent can rise by at most 20% in three years. In Berlin the Kappungsgrenze is 15% citywide, under an ordinance valid until 10 May 2028.

Everything else works as it does in the rest of Germany: you have to consent, you get a consideration period, and the demand must be justified. See our guide to rent increases.

4. If your flat is sold as a condominium

When a rented building is split into condominiums and your flat is sold, the buyer normally has to wait before giving notice for their own use (Eigenbedarf). The federal minimum is three years. In Berlin it is ten years, citywide, under an ordinance valid until 30 September 2033. The Federal Court of Justice has confirmed that the ordinance is valid.

Converting a building is itself restricted. Existing buildings with more than five flats need approval to be split into condominiums (§ 250 BauGB, extended to the end of 2030). In Milieuschutz areas (social preservation areas, which cover large parts of the inner city) tighter rules apply, and modernisation beyond an average standard is normally refused.

If you receive an Eigenbedarf notice after a sale, find out when the building was converted and when your flat was sold. Our Eigenbedarf guide covers the rest.

5. Holiday lets, rooms and subletting

Berlin's Zweckentfremdungsverbot (ban on misusing housing) is one of the strictest in Germany. It was amended again in June 2026 to bring in the EU's short-term rental rules, and many online summaries are wrong about it.

• Letting your whole flat to holiday guests, even your own main home while you are away, needs a permit from the district. The official guidance sets no number of days that are free. The "90 days without a permit" rule often quoted online is not what the Senate says.
• Letting rooms that make up less than half of your flat needs no permit, but it does need a registration number, which must appear in every listing.
• Fines can reach €500,000 for use without a permit and €250,000 for registration offences. The Senate's standard fines start at €1,000 for a first listing without a number. Platforms now report booking data to the authorities.

Ordinary subletting, where someone lives in your flat for a few months while you are away, is a separate matter. It falls under tenancy law, not the Zweckentfremdung rules, and needs your landlord's permission. Subletting without it can give the landlord grounds to terminate your tenancy.

The Senate said in September 2026 that it had paused issuing new registration numbers while a new system is tested. Existing numbers stay valid. Check the Senate's page for the current position before you list anything.

6. What happened to the Mietendeckel

Berlin's own rent freeze, the Mietendeckel, was struck down by the Federal Constitutional Court in March 2021 because a state cannot legislate on private rents. It is gone. If you read about "Berlin's rent cap" today, it means the federal Mietpreisbremse and Kappungsgrenze described above.

7. Free help that only Berlin has

• The Mietpreisprüfstelle (rent review office) is a free public service for all Berlin tenant households, launched in 2025. It checks whether a rent breaches the Mietpreisbremse or is excessive. Where a rent is excessive, it can refer the case to the district, which can impose fines. Its information is available in English.
• District tenant advice (Mieterberatung) is offered free to tenants in every Berlin district.
• Tenant associations such as the Berliner Mieterverein advise members for a monthly fee and can represent them. Expect a waiting period before they take on a dispute that already exists.
• A tenancy lawyer is the route when there is a deadline, a termination or a court claim. A lawyer also acts for you against the landlord, which an advice service does not.

8. What to check this week

Local rules checked September 2026. Berlin's ordinances have fixed end dates and are renewed from time to time, so check that a rule is still in force before relying on it.