Mieterhöhung: how landlords raise the rent correctly
When you can raise the rent to the local comparable rent with a Mieterhöhung (rent increase), and what your request must contain.
You can raise the rent up to the local comparable rent once it has been unchanged for 15 months, by at most 20% in three years (15% in tight housing markets). Ask in text form with your reasons, and wait for the tenant to agree.
The steps of a rent increase
A rent increase under § 558 BGB follows fixed steps. If you keep to them, you avoid disputes about whether the increase is valid.
- 1
Wait 15 months
The rent must have been unchanged for 15 months, and the last increase must be at least 12 months ago.
- 2
Find the local comparable rent
Look up the local comparable rent, for example in the Mietspiegel (local rent index).
- 3
Apply the cap
The rent can rise by at most 20% in three years. In areas the federal state lists as tight housing markets, the cap is 15%.
- 4
Take the lower figure
Compare the local comparable rent and the cap. The lower of the two applies.
- 5
Ask in text form and give reasons
Send the request in text form and give your reasons, for example by pointing to the Mietspiegel.
- 6
Give the tenant time to agree
The tenant has until the end of the second month after the request arrives to agree.
Why this matters
Under § 558 BGB, you can ask the tenant to agree to an increase up to the local comparable rent. The tenant only owes the higher rent once they agree.
General information, not legal advice.
Frequently asked questions
How often can I raise the rent?
You can raise the rent about every 15 months at the earliest. The rent must have stayed the same for at least 15 months (§ 558 BGB), and the last increase must be at least 12 months ago.
How long does the tenant have to agree?
The tenant has until the end of the second month after your request arrives to agree (§ 558b BGB). The tenant then owes the higher rent from the third calendar month after the request arrived.
What happens if the tenant does not agree?
If the tenant does not agree, you can sue for their consent within 3 months after the consent period ends. The tenant only owes the higher rent once they consent.
Also in this topic: Passing the Grundsteuer on to tenants: 2026 guideHeizkostenabrechnung: a landlord's guide for Germany
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