Many riders, especially migrants, have difficulty finding an apartment in Berlin. They often end up in apartments that are far too expensive. 

Find out if you are paying too much rent: 

• Check the local average rents using the Berlin rent index/ Berliner Mietenspiegel.
• Check your rent with the rent profiteering calculator/ Mietwucher-Rechner.

• There is a rent cap/ Mietpreisbremse in Berlin. This means that at the beginning of the tenancy, the rent may not exceed the local comparative rent by more than 10 %. 
• If your flat is above the usual rent level, you may be able to reclaim rent.
• If the rent exceeds the local comparative rent by at least 20 % and the landlord is exploiting the shortage on the housing market, they may face a penalty of up to 50,000 €.
• If the rent exceeds the local comparative rent by more than 50 %, this may even constitute a crime.
• If so, report this to the relevant authorities. The housing office can impose financial penalties on landlords and you can enforce a rent reduction.

Are you subletting? Here, too, you have various rights:

How much can the sublet rent be? 

• The same rules apply to subletting as to normal tenancies. However, furnished rooms are an exception. The rent that the subtenant has to pay to the main tenant can generally be agreed freely at the start of the subletting agreement.
• However, the rent cap (Mietpreisbremse) must also be observed here.

Termination

• When subletting an entire flat, the normal termination periods apply – the notice period is therefore three months.
• If the subtenant lives with the main tenant in the flat, the main tenant may terminate the tenancy at any time. 
• If there is no verifiable (including verbal) sublease agreement, the subtenant is considered a guest and may be asked to leave immediately. 

If the main tenant moves out, do I, as a subtenant, have the right to remain in the flat? 

• There is no contractual relationship between the landlord and the subtenant. In most cases where the (main) tenancy agreement is terminated, the subtenant must also vacate the flat. 

You can find more information here or contact an advice centre (see 7. Where can I find advice and support on housing and renting?). 

Do you live in a furnished flat?

• The supply of furnished flats in Berlin is growing. It is not uncommon for furnished flats to be offered as a way of getting around the rent control regulations.  

Rent control for furnished flats and furniture surcharge: 

• The rent cap generally applies to furnished flats, but an appropriate furniture surcharge may also be charged.
• The furniture surcharge must be based on the current value of the furniture and must be reasonable (maximum 2% of the current value of the furniture per month).

You can find more information about furnished apartments here!

Is your flat in poor condition? Document the damage!

• Take photos and videos of mould, damaged furniture, broken windows, etc.
• Keep all messages or payments! This can provide evidence later if you want to take legal action or seek support.

When can I reduce the rent?

• You can reduce your rent in the event of certain defects. Contact an advice centre (see 7. Where can I find advice and support?).

 Is your flat linked to your employment?

• Trade unions can provide support, especially when housing is linked to employment.
• You can also find advice at the Berlin Centre for Migration and Good Work/ Berliner Zentrum für Gute Arbeit (BEMA).

Check whether you are qualified for housing benefit:

• Click here for the housing benefit calculator/Wohngeldrechner !

Check whether you are entitled to a housing eligibility certificate/Wohnberechtigungsschein:

• Here you can find further information about the certificate of eligibility for housing/Wohnberechtigungsschein (WBS).

Contact points for tenancy law and housing issues (information and advice):

• You can find information about housing and renting online on the Berlin Rent Guide website/ Berliner Ratgeber für Mieterinnen und Mieter. 
• The free tenant advice service in the districts/ Mieterberatungen in den Bezirken answers questions about tenancy law.
• Asum also provides free advice on tenancy law on behalf of the Berlin districts.
• Berliner Mieterverein e.V. (BMV): Here you can find detailed information on different topics online. As a member, you get access to legal advice. 
• You can also find information about renting and tenancy law at Berliner MieterGemeinschaft e.V. (BMG).