Bundesregierung/Sandra Steins
Dr. Stefanie Hubig, Federal Minister of Justice and Consumer Protection
Federal Justice Minister Stefanie Hubig is pushing reforms aimed at closing loopholes increasingly used to sidestep Germany’s rent controls, while facing resistance from coalition partners and property owners who warn the measures could deter investment.
A draft bill circulated to federal ministries on Sunday 8th February targets three mechanisms common in tight housing markets: index-linked rents tied directly to inflation, short-term contracts exempt from price caps, and furnished apartments carrying opaque or weakly justified surcharges. The proposals arrive as asking rents in Germany’s 14 largest cities have doubled on average since 2010, with increases of more than 20% recorded between 2022 and 2024 alone, according to figures cited by the Justice Ministry.
Political reactions were swift and predictably divided. Coalition partner CDU criticised the proposals as overly schematic and called for corrections. Property owners’ association Haus & Grund warned of negative investment effects. Parties on the left and tenant groups argued the draft does not go far enough. For Hubig, who worked on tenancy law earlier in her career at the Federal Ministry of Justice, the collision of interests appears both anticipated and deliberate.
Closing of loopholes
Germany’s Mietpreisbremse, introduced in 2015 and extended until the end of 2029, limits rents for new leases in designated tight housing markets to 10% above the local comparative rent. On paper, the framework is clear. In practice, it has produced a two-tier market, with regulated rents in formal terms and market rents achieved through contractual design.
Index-linked leases (Indexmieten), which adjust rents in line with consumer price inflation, generated annual increases of six to seven percent during recent inflation spikes. Fixed-term contracts, often rolled over repeatedly, remain exempt from rent caps. Furnished apartments have allowed landlords to charge premiums that are frequently undisclosed or difficult for tenants to challenge.
Hubig’s draft narrows all three channels. Index-linked rent increases would be capped at 3.5% per year in tight housing markets, irrespective of headline inflation. Fixed-term leases would remain exempt from rent controls only if limited to a maximum of six months and justified by tenant-side reasons such as temporary professional relocation.
For furnished apartments, landlords would be required to disclose any furniture surcharge unprompted and in advance of contract signature. The surcharge must be reasonable, based on the purchase value and condition of the furnishings. For fully furnished units, the draft introduces a flat-rate benchmark of 5% of the net cold rent. Failure to disclose the surcharge would result in the apartment being treated as unfurnished for rent-control purposes.
The draft also expands tenant protections in cases of rent arrears. Tenants facing ordinary termination could avert eviction once by settling outstanding payments in full within two months, provided they have not used a comparable grace period in the preceding two years. Hubig framed the measure as a safeguard against avoidable homelessness, saying “everyone deserves a second chance”.
To counterbalance tighter regulation, the draft raises the threshold for simplified rent increases following modernisation from €10,000 to €20,000 per apartment. The ministry argues this reflects higher construction and labour costs and reduces administrative friction for smaller private landlords undertaking energy-efficiency upgrades.
Coalition resistance and investor implications
Criticism from the CDU/CSU focused on rigidity and investment signals. Günter Krings, deputy chairman of the parliamentary group, said there was “a need for correction in the rigid six-month limit for short-term leases and in the planned cap on index-linked rents”, warning that otherwise “reliability will be lost and investment will be further slowed down”. He also described the furniture surcharge rules as impractical and a likely source of disputes.
Haus & Grund president Kai Warnecke was more direct. Calculating furniture surcharges based on receipts and wear-and-tear assessments would be “impractical and lead to too many disputes”, he said, adding that the five-percent flat-rate benchmark “sounds like a bad joke”. The bill, Warnecke warned, sends another discouraging signal to private landlords considering investment or modernisation.
From the left, criticism ran in the opposite direction. Heidi Reichinnek, chairwoman of the Left Party’s Bundestag faction, welcomed steps addressing long-known attempts to circumvent the law but argued the draft ignored the structural causes of Germany’s housing shortage. Her party continues to call for a nationwide rent cap and the abolition of index-linked rents for new leases.
The German Tenants’ Association (DMB) described the proposals as overdue but incomplete. Its president, Melanie Weber-Moritz, urged lawmakers to exclude index-linked rents entirely from new and re-lets and to cap increases on existing contracts at 2% per year. She also criticised the one-time grace-period rule as insufficient in an environment where payment difficulties can recur.
Beyond the draft itself, enforcement is becoming the more consequential question. An expert commission on tenancy law, established in September 2025 and mandated by the coalition agreement, has until the end of 2026 to develop proposals for broader reform. Central to its remit is the creation of a sanctions framework for violations of the rent cap, an area where enforcement has so far been weak.
For professional landlords and investors, the immediate impact of the draft is manageable. The proposed rules narrow contractual flexibility in tight housing markets but stop short of imposing blanket rent freezes. Institutional landlords, with standardised processes and compliance infrastructure, are likely to be less exposed than smaller private landlords who have relied more heavily on furnished premiums and short-term letting models. The direction of travel, however, is clearer.
Revenue assumptions that rely on furnished premiums, repeated fixed-term leasing or uncapped indexation become less robust under the proposed framework. Asset and property management processes will require cleaner documentation, particularly around furniture valuation, disclosure timing and justification of fixed terms. Arrears management is likely to move further away from early termination and towards structured repayment workflows.
The more material risk lies with the second phase of reform. If the expert commission delivers a workable sanctions regime by end-2026 and political backing follows, enforcement would shift from tenant-initiated litigation to administrative penalty. That would mark a substantive tightening of Germany’s rent-control regime.
The draft must still pass the Federal Cabinet before reaching the Bundestag, and no legislative timetable has yet been set. For the market, the signal is already visible. Regulatory strategies built on ambiguity and limited enforcement are becoming less reliable. Compliance, rather than creativity, is likely to shape residential letting in Germany’s tightest markets over the next legislative cycle.