Does the Rent Brake Apply to Shared-Flat Rooms?

Whether the German rent brake (Mietpreisbremse) applies to a room in a shared flat depends on how your room is let in legal terms. The law has no separate rule for shared flats, only exceptions for certain types of tenancy. This guide shows which set-ups fall under the cap, which do not, and what you can check before you sign.

The key points

• The rent brake applies only in areas that a state government has designated as tight housing markets by ordinance.
• The cap is 10 percent above the local comparative rent (section 556d(1) BGB).
• If all flatmates are main tenants of one flat, the cap is likely to apply provided the municipality is covered by the ordinance.
• If you sublet a room in a home the landlord lives in, the exception for mostly furnished space may apply (section 549(2) BGB).
• Rooms in student or youth halls are excluded under section 549(3) BGB.
• Under the current statute, state ordinances must expire by the end of 31 December 2029 at the latest.

What exactly does the rent brake limit?

Under section 556d(1) BGB, the rent at the start of a residential tenancy in an area with a tight housing market may exceed the local comparative rent by no more than 10 percent. State governments designate these areas by ordinance. A market counts as tight when the supply of rental housing on reasonable terms is particularly at risk. Indicators include rents rising faster than the federal average, an above-average rent burden on households, a growing population without enough new construction, and low vacancy alongside high demand.

The ordinance must state its reasons and, under the current statute, expire by the end of 31 December 2029 at the latest. Which cities are covered therefore depends on your state’s ordinance, not on the federal law. For the deadline itself see our guide Mietpreisbremse bis 2029: Was Studierende wissen müssen (in German). This guide covers only the application to rooms in shared flats.

Which shared-flat set-ups are covered?

It depends on whom you sign with and who lives in the flat. The table sorts the most common cases. It does not replace a review of your contract, but it shows where the line is drawn.

Source for the table: sections 549 and 556d BGB, retrieved November 2026.

Your role as main tenant or subtenant is explained in Hauptmieter oder Untermieter im WG-Zimmer: Der Unterschied (in German). If you are setting up a new flat share, Wohngemeinschaft gründen: Wer den Mietvertrag unterschreibt (in German) covers the contract options.

What do “mostly furnished” and “temporary” mean?

Section 549(2) no. 2 BGB exempts living space that is part of the home the landlord lives in and that is let mostly furnished. The exception does not apply if you use the room permanently with your family or in a lasting shared household. Section 549(2) no. 1 BGB exempts living space let for temporary use only.

Whether a room is mostly furnished or the use is only temporary cannot be answered in general terms. It depends on the circumstances, such as how much furniture is provided and the agreed duration. Do not rely on blanket statements like “shared-flat rooms are always exempt” or “always covered”. Both are too crude.

How do you check whether the rent for your room is too high?

1. Find out which municipality the flat is in and whether your state’s ordinance lists it as an area with a tight housing market.
2. Classify your set-up: main tenancy, sublet, furnished, fixed term.
3. Determine the local comparative rent. How to use the rent index is explained in Mietspiegel finden und lesen (in German). Whether an index has values for single rooms is stated in its explanatory notes.
4. Ask about the previous rent. Under sections 556e and 556f BGB the landlord must give certain information unprompted before you make your declaration if he wants to rely on an exception. See Vormiete bei der Mietpreisbremse (in German).
5. Work out the cap and compare it with the rent asked.

How is the cap calculated? An example

Assumption: A flat has 80 square metres and the local comparative rent according to the rent index is 9.00 euros per square metre, net of utilities. The comparative rent for the flat is then 720 euros. Ten percent above that is 792 euros. If the landlord asks for 1,000 euros net of utilities, he would be 208 euros above the cap in this example.

The example only illustrates the logic, the figures are assumed. How the total rent is divided among the rooms is for the flatmates to agree. The cap refers to the flat or, in a sublet, to the sublet part. A tenants’ advice service can give you a reliable calculation for your room.

What can you do if the rent is above the cap?

Section 556g BGB sets out your rights if the rent is too high. Clarify there and with an adviser what form and deadline apply to a complaint before you act. Do not reduce the rent on your own, because a mistake can lead to arrears. Tenants’ associations offer advice, and so do many student services and student councils, depending on the university town.

If you still want the room, you can have the rent checked later. Keep the advertisement, the viewing date and all correspondence about the rent. An overview of contract types is in Mietvertrag verstehen (in German).

Frequently asked questions

Does the rent brake apply to a single room in a shared flat?

Yes, if the room is part of a residential tenancy in an area with a tight housing market and no exception applies. For a sublet in the landlord’s own home, the exception for mostly furnished space has to be checked.

Does it apply in a student hall?

No. Under section 549(3) BGB the rules on rent at the start of a tenancy do not apply to space in a student or youth hall. How rent is made up there is explained in Kosten im Studierendenwohnheim (in German).

Does it apply to a short-term sublet?

That depends on whether the room is let for temporary use only. If so, the exception in section 549(2) no. 1 BGB may apply. Further rules for short sublets are in Zwischenmiete für Studierende (in German).

Does the landlord have to observe the cap without being asked?

The cap applies whether or not you raise it. Under section 556g BGB the landlord must give certain information unprompted, for example on the previous rent. If the rent is too high, you still have to invoke your rights yourself.

What to do next

1. Note the municipality, the start date, the rent asked and the type of contract (main tenancy or sublet).
2. Check whether the municipality is in your state’s ordinance.
3. Ask about furnishing, occupants and previous rent and keep the answers in writing.
4. Compare the rent with the rent index and calculate the cap.
5. If in doubt, get advice before signing. Personal advice on housing and insurance during your studies is available from Academycon at So arbeiten wir (in German).

Related reading

• Wohnen im Studium: Miete, WG, Wohnheim und Wohngeld im Überblick (in German)
• Mietpreisbremse bis 2029: Was Studierende wissen müssen (in German)
• How to Find a Shared Flat: Tips for a Successful Search
• Student Dorm or Shared Flat: Which Suits You Better?
• Affordable student housing: strategy, portals and costs

Sources: Section 556d BGB, Permissible rent at the start of the tenancy, retrieved November 2026 (in German); Section 549 BGB, Provisions applicable to residential tenancies, retrieved November 2026 (in German); Section 556g BGB, Legal consequences and duties to provide information, retrieved November 2026 (in German)

Last updated: November 2026. This guide is general information, not individual advice.