The Left Party filed an inquiry with the government on September 14, 2026. It asks how often rent-gouging is punished under German law. The answer will show how much protection tenants have.
What counts as rent-gouging under German law?
Mietwucher is illegal under German law. Section 5 of the Economic Crimes Act (WiStrG) bans unreasonably high rent.
Proving a violation means showing the rent tops the Vergleichsmiete. The threshold is about 20% above that comparison rent.
Meeting that burden of proof is hard to document in practice. Local authorities rarely pursue these cases as a result.
The Mietpreisbremse works differently. It applies only in angespannte Wohnungsmärkte.
New-lease rents in tight housing markets cannot exceed 10% above the comparison rent. Tenants must challenge an overcharge in writing to get a refund.
Rent Increase in Germany [Tenant Rights And Regulations] ->
The evidence behind the Left Party’s push
The Left Party built its case with an online tool. It let tenants report suspected rent-gouging over the past year.
About 220,000 people submitted reports. Two-thirds of those cases were more than 20% above the comparable local rent.
The 20% threshold is what should trigger a WiStrG violation. Despite this, the party’s own bill to fix the law failed.
The Left Party’s bill would have lowered the burden of proof. It would also have raised penalties for rent-gouging.
The Bundestag voted it down on November 6, 2025. The vote was 131 in favor and 440 against.
Why Is the Government Waiting on Rent-Gouging Reform?
The governing coalition of CDU/CSU and SPD has not ruled out changes. But it wants its own review first.
Justice Minister Stefanie Hubig (SPD) set up an expert Mietrechtskommission. It must recommend penalties for rent-price-brake violations.
The Mietrechtskommission’s findings are due by December 31, 2026. Until then, no new enforcement rules apply. Any change depends on the Mietrechtskommission’s recommendations.
NOTE: This is a parliamentary inquiry, not a law change. The government has not yet responded.
What should you do if you think your rent is too high?
Four steps can help you challenge rent that seems too high:
- Check your rent against the Mietspiegel. Your city or municipality publishes it online.
- Check if your rent tops the comparison rent by more than 10% in a tight housing market. If so, challenge it in writing for a refund.
- Contact your Mieterverein before you take formal steps. Membership usually costs a small fee and includes legal advice.
- Keep your lease, rent statements, and any landlord correspondence. A written challenge relies on this documentation.
