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Hubig Targets 2026 Passage for Tenancy Law Overhaul Curbing Rent Loopholes

The draft has entered consultations with ministries, Länder and associations.

Overview

  • Justice Minister Stefanie Hubig said she expects the reform to pass this year, adding that completion before the summer recess is possible.
  • The draft would require landlords in tight markets to itemize any furnishing surcharge and cap it at 5% of the net cold rent, with undisclosed surcharges treated as invalid.
  • The proposal would restrict the short‑term lease exemption to contracts of up to six months only for tenant‑justified cases and cap index‑rent increases at 3.5% in high‑inflation periods.
  • It would allow tenants to avert an ordinary termination once by fully repaying arrears within a short window, while doubling the simplified modernisation threshold to €20,000 per flat.
  • The text is out for comment through March 6, with tenant groups broadly supportive and the CDU/CSU and Haus & Grund urging changes over burdens and investment concerns.