Are you paying excessive rent?

If the local comparative rent is exceeded by more than 20% and your landlord exploits a shortage in the housing market, this likely constitutes an unlawful excessive rent increase. This is an administrative offense. Fines for excessive rent are imposed in practice, though such violations are rarely prosecuted.

If the local comparative rent is exceeded by more than 50%, this likely constitutes rent usury, which is a criminal offense. In particularly brazen cases, the law even provides for prison sentences. However, we are not aware of any cases where courts have issued such sentences.

Colloquially, both cases are referred to as rent usury.

For Berlin, Freiburg, Hamburg, Leipzig, Dortmund, Munich, Hanover, or Erfurt, we provide the Rent Usury Calculator.

If you live in another city, rent usury can still be identified and pursued. Rent indexes have been mandatory since 2022 in all municipalities with over 50,000 residents and must be regularly updated. Municipalities and local tenants' associations often provide rent calculators to help determine whether your rent is too high. Alternatively, you can manually check your rent using the rent index.

If you live in Berlin, Hamburg, Munich, Leipzig, Dortmund, Hanover, Freiburg, Erfurt, or Potsdam and have used our Rent Usury Calculator, you can notify the relevant authority with a single click.

If you live in another city and suspect that your rent exceeds the local average by more than 20%, you can contact your local housing authority. Find the contact information by searching for "Housing Office YourCity," fill in your details using our template letter, and send it to the appropriate office.

Many people are afraid to challenge their high rent out of fear of conflict with the landlord or losing their home. However, when reporting suspected rent usury, you are not legally required to take action against your landlord yourself.

Unlike trying to lower your rent using the rent cap or challenging a rent increase, the housing office handles this case. You will need to cooperate in the process but act only as a witness.

If everything goes well, the office will take over. It will investigate and ask you for more information. Your cooperation and testimony will be required. Detailed apartment data and proof of your apartment search are necessary. This may seem burdensome. But the more you provide, the better your chances.

If the office concludes that rent usury has occurred, it must initiate proceedings against the landlord and may impose a fine. You could benefit from a permanent rent reduction and reimbursement of overpaid rent. Even if all goes well, the process may take several months.

If you don't hear back from the office after your report, stay persistent! We will support the office with you to ensure all legally required actions are taken.

If there is suspected misconduct or even a criminal offense, the authorities are obligated to investigate. You can use our template to follow up with the office.

Unfortunately, many offices put in too little effort and don’t pursue leads with the necessary motivation. A landlord-friendly court ruling from 2004 has led many cities to believe they cannot act against rent usury. The issue was forgotten, and many places lack knowledge and staff to fight rent usury. That’s wrong and unfortunate.

But don’t lose hope! More cities are taking action. Frankfurt am Main has shown for years that rent usury can be prosecuted successfully, even with limited staff. Thousands of people had their rent reduced. The fines imposed practically pay for the staff. Where there’s political will, there’s a way.

If the office hasn’t responded after follow-up and you’re sure rent usury is present, contact us: Die Linke in the Bundestag helps!

Additionally, your rent may violate the rent control law. Contact a tenants' association or free tenant counseling near you for help.

Die Linke in the Bundestag advocates for simplifying rent usury enforcement and increasing fines. The Bundesrat has supported this, but the other governing parties have blocked it. It’s time for change! Rent control must be strengthened. Rent caps must be introduced. Stronger tenant protection needs a strong Die Linke in the Bundestag.