Frankfurt's tenant protections come from a Hessian ordinance. In 2026 that ordinance is in an unusual position: a court has questioned it, and a replacement is being prepared. The city also offers something few German cities do: it checks rents it suspects are excessive and can fine the landlord, free of charge for the tenant.
On this page
- Hesse's tenant protection ordinance, and why 2026 is unusual
- The rent brake on a new lease
- The Mietspiegel 2026
- 15%, not 20%, for increases
- If your flat is sold as a condominium
- Reporting an excessive rent to the city
- Holiday lets and subletting
- Where to get help in Frankfurt
- What to check this week
1. Hesse's tenant protection ordinance, and why 2026 is unusual
Hesse puts its local tenant protections in one Mieterschutzverordnung. The current version covers 49 municipalities, including Frankfurt, Offenbach, Wiesbaden and Darmstadt. It was extended in November 2025 and runs until 25 November 2026.
In June 2026 the Frankfurt local court (Amtsgericht) held in one case that the extension was invalid, because the state had justified it with outdated data. That judgment is not final and binds only the parties to that case. The state's position is that the ordinance still applies, but landlords' associations point to the ruling.
In September 2026 the state published a draft of a new ordinance that would cover 71 municipalities, Frankfurt included, and is expected to be adopted in November 2026. Until the new ordinance is in force and the appeal is decided, anyone relying on the rent brake or the increase cap in Hesse should have the current position checked. This page will be updated when the new ordinance is adopted.
2. The rent brake on a new lease
Under the Mietpreisbremse, the rent agreed at the start of a tenancy may generally not be more than 10% above the local comparative rent (§ 556d BGB). The federal exceptions apply: new builds first let after 1 October 2014, a first letting after comprehensive modernisation, and cases where the previous tenant already paid more.
To reclaim anything, you have to object in writing (a Rüge). When you object affects how much comes back. Our guide to the rent brake explains the steps. Hesse's first rent brake ordinance, from 2015, was void because its justification was never published. A tenant who relied on it in those years lost that protection, which shows why the ordinance's validity matters.
3. The Mietspiegel 2026
The "local comparative rent" in Frankfurt is read off the Frankfurter Mietspiegel. A new qualified edition, the Mietspiegel 2026, has applied since 25 June 2026. Use the city's own calculator at mietspiegelrechner.frankfurt.de. Several commercial websites also call their figures a "Mietspiegel", but those have no legal standing.
The result is a range that depends on size, age, location and features. The Mietspiegel itself is not affected by the dispute over the ordinance. It is also the basis for any ordinary rent increase.
4. 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. Under the Hessian ordinance, it is 15% in Frankfurt and the other listed municipalities, subject to the uncertainty described above. Consent, the consideration period and the justification work as elsewhere. See our guide to rent increases.
5. 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. Under the current Hessian ordinance it is eight years in Frankfurt. Older sales have transitional rules, and the draft of the new ordinance would reduce the period to six years.
The Hesse-wide requirement for a permit to convert buildings lapsed at the end of 2025. Conversion now needs approval only inside Frankfurt's preservation areas (Milieuschutz), which include parts of Bockenheim, Nordend, Sachsenhausen and Gallus. In those areas the city also has a right of first purchase, and modernisations need approval. You can check your address on the city's planning map.
If you receive an Eigenbedarf notice, see our Eigenbedarf guide.
6. Reporting an excessive rent to the city
This protection does not depend on the ordinance. Under § 5 of the Wirtschaftsstrafgesetz, a rent more than 20% above the local comparative rent can be an administrative offence. Frankfurt actively pursues these cases.
A tenant can report the rent to the city's housing office using its online form. Staff measure the flat, press the landlord to reduce the rent, and advise on repayment. If the landlord does not agree, the city can impose a fine. It is free for the tenant. Details are on frankfurt.de.
7. Holiday lets and subletting
Frankfurt controls holiday lets through its own Ferienwohnungssatzung (holiday-flat bylaw). Letting to holiday or short-stay guests generally needs a permit from the city's building authority. The bylaw provides for a permit to let one room of your main home, or your whole home while you are away for up to eight weeks a year. Fines can reach €25,000, and the city enforces the bylaw. Check the current conditions with the Bauaufsicht before listing anything.
The city permit is separate from your landlord's permission, which you need to sublet at all. Subletting without it can give the landlord grounds to terminate.
8. Where to get help in Frankfurt
- The city's tenancy advice (Amt für Wohnungswesen) is free for Frankfurt residents on lower incomes. Questions about the Mietspiegel and the comparative rent are open to everyone.
- Tenant associations such as the DMB Mieterschutzverein Frankfurt and Mieter helfen Mieter advise members for an annual fee. Membership legal insurance has a waiting period, so it normally does not cover a dispute that already exists.
- A tenancy lawyer is the route when there is a deadline, a termination or a court claim. With the ordinance's status open in 2026, a lawyer can also tell you whether it is worth relying on the rent brake in your case.
9. What to check this week
- Run your flat through the city's Mietspiegel 2026 calculator, not a commercial one.
- If your rent is more than 20% above the result, look at the city's overcharging procedure.
- If you moved in recently, compare your rent with the result plus 10%, and keep in mind that the ordinance is disputed.
- Find what the landlord told you before signing about previous rent, new build or modernisation.
- If the building was converted, find out when your flat was first sold.
- Before any holiday let or sublet, get written landlord consent and check the city's permit rules.
Local rules checked September 2026. Hesse's ordinance runs to 25 November 2026, and a new one is expected around then. Check which version is in force before relying on it.