Rent Increase: What to Check in the Letter?

Your landlord is asking you to agree to a rent increase. The letter states the new amount and the deadline for your response. First, check the justification and all dates.

What is a Rent Increase Request?

A rent increase request (Mieterhöhungsverlangen) is a landlord's request for you to agree to a higher rent. This relates to the local comparative rent, which is the usual rent for comparable housing in your city.

The landlord must make the request in writing and provide a justification. For example, they can refer to the rent index (Mietspiegel) or three similar apartments. The rent index is a table of usual rental rates in a city. The rules are found in § 558a BGB.

What Does the Letter Say?

Pay particularly close attention to the following details:

• Old and New Rent: Are both amounts clearly stated?
• Start Date: From which month should the new rent be effective?
• Justification: Is the rent index, a rent database, an expert opinion, or similar apartments cited?
• Deadline: By what date must you give your consent?

Do I Need to Do Anything?

First, check if the apartment and its features are correctly described. Then, compare the new rent with the provided justification.

Also, check the date of the last rent increase. Do not sign your consent or pay hastily. It is best to clarify any unclear information before the deadline.

Your consent is required for the increase. Without it, the landlord can legally demand your consent through court.

What Are the Deadlines?

The rent must have remained unchanged for 15 months by the planned rent increase date. The request can be made no earlier than one year after the last increase.

Over three years, rent can generally increase by a maximum of 20 percent. In some areas, a limit of 15 percent applies. The specific limit depends on local regulations. These rules are found in § 558 BGB.

You can give your consent until the end of the second calendar month after receiving the letter. If you consent, the new rent will be effective from the beginning of the third calendar month. The exact rule is found in § 558b BGB.

What Happens If I Do Nothing?

Without your consent, the landlord can file a lawsuit to obtain it. After your response deadline, they have another three months. The court will then check whether the legal requirements have been met.

Keep the letter, envelope, and your lease agreement together. Calmly review the amount, justification, and deadline. If you have doubts, seek professional advice.