Rent increase: how to defend yourself

You have found an affordable apartment, but suddenly the rent is to be increased? You don't have to accept this in every case! This is what tenancy law says about a rent increase:

Mietpreiserhöhung? Das müssen Sie sich nicht gefallen lassen. Wir klären auf!© fotolia
Rent increase? You don't have to put up with it. We'll clear things up!

New doors, tiles in the bathroom or an energy-saving heating system: there are many reasons why the rent can suddenly increase. But even without renovating or modernizing anything, more and more landlords are increasing the costs for their existing tenants. But can they just do that?

Rent increase after refurbishment: no more than eleven percent

After refurbishment or modernization, the costs can be passed on to the tenants. However, the measures must improve the quality of living or be energy-saving, so normal repairs and maintenance measures are not included. In total, however, only a maximum of eleven percent of the costs per year may be added to the rent. Both the renovation including details (duration, scope, etc.) and the rent increase must be announced in advance by the landlord.

Special right of termination

In the event of a rent increase as part of a modernization, the tenant has a special right of termination. As soon as the tenant is aware of the modernization increase, he can terminate the tenancy at the end of the following month, with effect from the following month. Example: If you receive the modernization increase on 24 September, you can terminate the tenancy in due time on 31 October. This will take effect on November 30. It is therefore important to observe the deadline!

It depends on the rent index

In the case of a general rent increase, the landlord must always be guided by the rent index. This provides information on what rents are usual in your area. You can obtain the document from the tenants' association, "Haus und Grund" or the local council. If the demand is significantly higher than the rent index, you as a tenant can object to the rent increase.

Rent increase: How much can the rent be increased?

If less than 15 months have passed between you moving in and the last rent increase, the demand is invalid. There is also the so-called cap. This means that the costs may not be raised to the local rent in one fell swoop, and the maximum permissible rent increase is 20 percent. In tight residential areas, for example in large cities, the increase may not exceed 15 percent.

Two months for consideration

The landlord requires your consent for the rent increase. You must give your consent if the three relevant factors - the rent index, the 15-month lock-in period and the rent cap - have been taken into account. You have two months to check this carefully. If you do not agree to the rent increase, the landlord has another three months to take legal action. If he does not do this, his claim expires.

Rent increase after change of landlord

First of all, you can breathe a sigh of relief, as the new landlord is not allowed to change or terminate existing rental agreements. However, if the last rent increase was more than a year ago, the landlord may increase the rent.