Tenant rights in Munich: rent cap, rent index, increases and free advice

When you sign a new lease in Munich, the net cold rent may generally be at most 10% above the local comparative rent (ortsübliche Vergleichsmiete) for that flat (section 556d Civil Code). The Bavarian ordinance names Munich in its annex and runs until 31 December 2029. The city's tenant advice notes that the rent cap has applied to Munich leases signed from 7 August 2019 onwards.

Main exceptions (the landlord may charge more):

• flats first used and let after 1 October 2014;
• the first letting after a comprehensive modernisation;
• the previous tenant's rent was already higher (the landlord may usually keep that level).

How to use it

1. Estimate the comparative rent with the Munich rent index calculator, or ask the city's free Mietberatung to calculate it.
2. If the rent is too high, send the landlord a complaint (Rüge) in text form, for example by letter or email.
3. If you complain within 30 months of the start of the tenancy, you can reclaim the excess rent paid since the start; a later complaint only covers rent that falls due after the complaint (section 556g Civil Code).

Rents that are more than 20% above the comparative rent can additionally be an excessive rent under section 5 of the Economic Offences Act. The city's Mietberatung advises on these cases, which can be punished with fines of up to €50,000.

The Mietspiegel für München 2025 is a qualified rent index, confirmed by the city council on 26 March 2025. It covers about 500,000 freely financed flats and is based on rents agreed or changed between February 2018 and January 2024. Its average net cold rent is €15.38 per m², 5.5% higher than in the 2023 index.

• It gives the typical rent for a flat depending on size, age, equipment and location (Wohnlage), with a location map.
• The figures are net cold rents, without operating costs or heating.
• When a qualified rent index of no more than two years exists, landlords must refer to it in any rent increase request.

The online calculator is free. The printed brochure is free at the city information desk in the town hall and at the Amt für Wohnen und Migration, Franziskanerstraße 8. The city produces a new rent index every two years.

Increase to the comparative rent. The landlord may ask you to agree to an increase if:

• your rent has been unchanged for at least 15 months when the increase takes effect, and the request comes at least one year after the last increase;
• the new rent does not exceed the local comparative rent;
• the rent rises by at most 15% within three years: Munich's cap under the Bavarian ordinance (the federal default elsewhere is 20%).

You have until the end of the second full calendar month after receiving the request to agree; if you agree, the higher rent is due from the start of the third month. If you do not agree, the landlord can go to court within three further months (section 558b Civil Code). Check every request against the rent index first; you can agree to only the justified part. The city's Mietberatung checks rent increases for free.

Stepped and index rents replace this procedure: increases follow the contract. After modernisation, separate rules allow a limited increase.

If your rented flat is converted into a condominium and sold, the buyer normally cannot give notice for owner-occupation for three years. In Munich, the Bavarian ordinance extends this to ten years (section 577a Civil Code with the 2026 ordinance). A sale on its own never ends your lease: the buyer steps into the existing contract.

The landlord must keep the flat in a condition suitable for living. If something is wrong, for example a heating failure, mould or a leaking window:

1. Report the defect without delay, in writing, with photos and a reasonable deadline for repair. If you do not report it, you can lose your right to a rent reduction and may be liable for resulting damage (section 536c Civil Code).
2. Rent reduction applies by law for as long as the defect reduces the use of the flat. The amount depends on the circumstances; reducing too much can put you in arrears.
3. Get advice before you pay less. A safer route is often to pay in full under reservation (unter Vorbehalt) and reclaim later.

The landlord must send the annual statement of operating costs within 12 months after the end of the billing period; after that, demands for additional payment are generally excluded. You have 12 months after receiving it to object (section 556 Civil Code). The city's Mietberatung checks operating cost and heating statements; bring the current statement and those of earlier years.

• Your notice. In an ordinary unlimited lease you can give notice by the third working day of a month to the end of the month after next, roughly three months. It must be a signed letter; email or messenger is not enough.
• The landlord's notice. A landlord needs a legitimate interest, such as a serious breach of contract or owner-occupation, and the notice period grows to about six months after five years and nine months after eight years (section 573c Civil Code).
• Hardship. You can object to a notice on hardship grounds; the objection should reach the landlord in text form no later than two months before the tenancy would end (section 574b Civil Code).

If you receive a notice, get advice immediately; deadlines are short. For handover and the deposit, see moving out and getting your deposit back.

• City tenant advice (Mietberatung), Sozialreferat, Franziskanerstraße 8, room 238. Free advice on the comparative rent, rent increases, notices and eviction suits, defects, cosmetic repairs, operating and heating cost statements and excessive rents, plus mediation. It is for flats in the City of Munich where neither side is a member of a tenant or landlord association or represented by a lawyer; a personal appointment lasts up to 30 minutes and an interpreter can be arranged. Appointments: 089 233-40200 (Monday to Friday 8:30 to 12:00, Monday to Wednesday 13:30 to 15:00); phone hotline 089 233-40057 (Monday to Wednesday 13:30 to 15:00, Thursday 10:00 to 12:00), times as of October 2026.
• Mieterverein München, Sonnenstraße 10 near Karlsplatz (Stachus): legal advice and help with disputes for members, including legal protection; €120 a year plus a one-off €15 admission fee (2026). It publishes membership information in English.
• Legal advice on a low income: see legal help. The city's Mietberatung can also arrange an appointment with the Munich bar association's advice service for people on a low income.