In Berlin, a landlord can only serve tenants notice that the owner will be moving into the apartment 10 years after the purchase, if the current tenants were occupying the apartment before the ‘Teilungserklärung’ (declaration of division) came into effect. If the current tenants moved in after the ‘Teilungserklärung’ came into effect, they can be served notice in under 10 years. In Leipzig, this period is limited to three years. Only unrented flats can, with certainty, be moved into at will.
A rental ceiling was introduced in Germany in 2015. This means that rents cannot exceed 10% of the local average rent for a current or new tenant, according to the Mietspiegel (rent index). Additionally, rents can only be raised by a cumulative 15% every three years, or 4.77% annually. The legislation does not apply after a renovation or furnishing of the flat.