Munich has the highest rents in Germany, and Bavaria applies every tenant protection the federal law lets a state apply. The city also gives free tenant advice to anyone who rents in Munich. Most expats never hear of it.
1. One Bavarian ordinance, three protections
In Bavaria the local tenant protections are bundled into a single ordinance, the Mieterschutzverordnung. The current one applies from 1 January 2026 to 31 December 2029 and covers 285 municipalities, including all of Munich. For every place on its list, three things apply together:
- the rent brake on new tenancies;
- a 15% cap on increases instead of 20%; and
- ten years' protection from own-use notice after a flat is converted and sold, instead of three.
If you live just outside the city, check the list. The ordinance names municipalities one by one, and it changed in 2026: 100 were added and 23 were dropped.
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 still apply: 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 tell you before you sign.
An excessive rent is not corrected automatically. You have to object in writing (a Rüge), and when you object affects how much you get back. Our guide to the rent brake explains how.
Bavaria's first rent brake ordinance, from 2015, was held void by a Munich court for a formal defect. That history is why the current ordinance is published with a detailed justification.
3. The Mietspiegel 2025
The "local comparative rent" in Munich is read off the Münchner Mietspiegel. The current edition is the Mietspiegel 2025, which the city council recognised as a qualified rent index in March 2025. That status gives it extra weight in court.
The city's calculator is at mietspiegel-muenchen.de. The result depends on size, year of construction, location and a long list of features. Landlords often count a feature as a premium when it is standard, and that is where disputes start.
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. In Munich the Kappungsgrenze is 15%. The consent requirement and the consideration period are the same as anywhere else in Germany. See our guide to rent increases.
Charging far above the comparative rent can also be an offence. Under § 5 of the Wirtschaftsstrafgesetz, a rent more than 20% above the comparative rent can lead to a fine for the landlord in some circumstances. Munich's housing office opens proceedings on tenants' complaints. Whether a rent reaches that level is exactly the kind of question to put to the Mietberatung or a lawyer.
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. In Munich it is ten years.
Munich also has 36 preservation areas (Erhaltungssatzungsgebiete), home to about 340,000 people. In these areas, converting flats into condominiums needs approval, and luxury upgrades or demolition are generally refused. The city tightened enforcement in 2026. You can check your address on the city's map.
If you receive an Eigenbedarf notice after a sale, first find out when the building was converted. Our Eigenbedarf guide covers the rest.
6. Holiday lets and subletting
Munich's Zweckentfremdung rules (a ban on using housing for anything other than living in it) are enforced actively:
- You may let the home you live in to holiday guests while you are away, for up to eight weeks per calendar year in total. Letting individual rooms of a home you live in is also allowed.
- Letting a flat only as a holiday rental is not allowed, and neither is leaving it empty for more than three months without a good reason.
- Fines can reach €500,000.
- In June 2026 the city council decided that holiday flats advertised online must be registered and must show a registration number. When this page was last checked, the city had not yet opened registration and said it would announce the start date.
The city rules come on top of tenancy law. Whether you sublet to holiday guests or to a lodger for a few months, you need your landlord's permission, and subletting without it can give the landlord grounds to terminate.
7. The city's free tenant advice
- Mietberatung of the City of Munich (Amt für Wohnen und Migration) is free for anyone renting a flat within the city, with no membership needed. It covers comparative-rent calculations, increases, notices, defects, cosmetic repairs and service-charge statements, and interpreters can be arranged. It advises but does not represent you. Details are on stadt.muenchen.de.
- The Mieterverein München charges members around €120 a year, which includes legal expenses insurance for tenancy disputes. That insurance only covers disputes that arise after a waiting period, so joining after the problem has started usually does not help with that problem.
- A tenancy lawyer is the route when there is a deadline, a termination or a court claim, or when you need someone to act for you against the landlord.
8. What to check this week
- Run your flat through the Mietspiegel 2025 and note which features you ticked.
- If you moved in recently, compare your contract rent with the result plus 10%.
- Find what the landlord told you before signing about previous rent, new build or modernisation.
- Check the date of your last increase against the 15% three-year ceiling.
- If you live outside the city, check that your municipality is on the 2026 list.
- Book the city's Mietberatung if you are unsure. It is free, and it is quicker to arrange than most people expect.
Local rules checked September 2026. Bavaria's ordinance runs to the end of 2029, and Munich's holiday-let registration was still being introduced when this page was checked.