Berlin is breaking new ground when it comes to rent control. The Senate Department for Urban Development, Construction and Housing has introduced a tool that automatically analyses publicly available property listings on estate agent websites and checks them for possible breaches of statutory rent caps. The so-called ‘rent scan’ is set to be used on a monthly basis in future.
What is Mietenscan?
The analysis is based on the 2026 Berlin Rent Index. In the first round of data collection in June 2026, 7,757 property listings were recorded. After removing duplicates and cases to which the rent index does not apply, 4,539 listings remained for assessment, including 2,812 unfurnished and 1,727 furnished flats. In almost half of the listings examined – 46 per cent, to be precise – there was a suspicion of a breach of rent control regulations.
What are the rules in Berlin?
In Berlin, the rent cap is in force due to the tight housing market. It generally prohibits landlords from charging more than ten per cent above the local comparative rent when letting a property for the first time. Exceptions apply, for example, to the first letting of new-build properties or following extensive modernisation work.
Anyone who charges a rent that exceeds the comparative rent by more than 20 per cent is guilty of excessive rent under Section 5 of the Economic Offences Act. This constitutes an administrative offence and may be punishable by fines of up to 50,000 euros. If the excess is even greater than 50 per cent, this may constitute rent profiteering under Section 291 of the Criminal Code, which can result in criminal consequences.
What happens to adverts that stand out?
Landlords whose property listings are flagged as suspicious by Mietenscan will receive a letter from Sicheres Wohnen AöR, a public-law institution acting on behalf of the State of Berlin. The letter will ask them to review their rent charges and adjust them if necessary. This is initially a preventive advisory procedure, not an immediate sanction.
Christian Gaebler, Senator for Urban Development, emphasised that this was a matter of fairness for tenants, but also for landlords who abide by the rules.
What does this mean for landlords outside Berlin?
The rent cap applies not only in Berlin but also in other federal states with a tight housing market, including parts of Schleswig-Holstein. The Berlin Rent Scan shows that the authorities are increasingly automating their checks. Landlords should therefore regularly review their rent levels against the relevant rent index.
Anyone who is unsure whether a proposed rent is compatible with the rent control scheme or other regulations should seek legal advice. The legal consequences of non-compliance can be significant, ranging from the repayment of excess rent to fines or criminal prosecution.
Source: Haufe: Property
This post and the accompanying image were created with the help of AI and have been editorially reviewed.
