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Housing & tenancy

Raise a rent cap objection

Challenge a rent above the statutory cap and reclaim what you overpaid — in writing, with proof of receipt.

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In areas with a tight housing market a new rent may be at most ten per cent above the local comparative rent (section 556d of the German Civil Code). But you can only reclaim overpaid rent if you raised an objection in text form beforehand (section 556g subsection 2) — setting out the facts that make the excess plausible. The landlord must disclose known reasons for the height of the rent; without that disclosure your reclamation periods are longer.

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Frequently asked questions

How do I justify the objection?
With the local comparative rent from your town's rent index and the resulting ceiling for the size of your flat.
From when can I reclaim rent?
For periods from the end of the month in which the objection reached the landlord — longer periods apply if the disclosure was missing.

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