Mieterhöhung in Germany: A Landlord's Guide 2026 (§ 558 BGB)
Mieterhöhung in Germany: A Landlord's Guide 2026 (§ 558 BGB)
Only where the rent has been unchanged for 15 months and the cap is observed (§ 558 BGB).
Over three years the rent may rise by at most 20%, and by 15% in tight markets. You must request the increase, justify it in text form, and the tenant must consent.
§ 558 BGBIn 60 seconds
An increase to the local comparable rent is not automatic: you must request it, justify it, and the tenant must consent. Only then is the higher rent owed.
The rent must have been unchanged for at least 15 months at the point the increase takes effect, and the request may come at the earliest 12 months after the last increase.
Over three years you may raise the rent by at most 20% (§ 558 Abs. 3 BGB); in areas with a tight housing market the state lowers that to 15% by regulation.
What governs is the lower of the two figures: the local comparable rent or the cap.
You may justify it with the Mietspiegel and the applicable field, with an expert report, or with three comparable flats (§ 558a BGB).
What the law says
The landlord may request consent to an increase up to the local comparable rent where the rent has been unchanged for 15 months at the point the increase is to take effect. The rent may not rise by more than 20 per cent within three years; state governments may lower that to 15 per cent for areas with a tight housing market. Working translation; the German original is the binding text.
The deadlines at a glance
| Event | Period |
|---|---|
| Rent unchanged (precondition) | at least 15 months |
| Since the last increase | at least 12 months |
| Tenant's consent period | to the end of the second following month after receipt |
| Higher rent falls due | from the 3rd calendar month after receipt |
| Time to sue on refusal | 3 months after the consent period ends |
Related: The rent brake on reletting and Increasing rent after modernisation.
What it means for each side
- You need not consent at once: the period runs to the end of the second following month.
- Measure the cap against the rent as it stood three years ago.
- Check that a permissible justification is attached.
- Silence is not consent, but it does not protect you from a claim either.
- Check both waiting periods before making the request.
- Apply the lower figure: comparable rent or cap.
- Justify in text form with the Mietspiegel field or another permissible source.
- Let the consent period run before going to court.
Common mistakes
Many cities are at 15%, not 20%. Miss the lower figure and the request is ineffective.
15 months unchanged and 12 months since the last increase are both preconditions.
Without a permissible justification under § 558a BGB the request does not hold.
It has to be in text form.
What to do next
Check the waiting periods: rent unchanged for at least 15 months, last increase at least 12 months ago.
Establish the local comparable rent from the Mietspiegel and the applicable field.
Apply the cap and take the lower of the two figures.
Justify in text form, serve it, and let the consent period run.
Frequently asked questions
How often can I raise the rent?
A Mieterhöhung up to the ortsübliche Vergleichsmiete (local comparable rent) is possible once the rent has been unchanged for at least 15 months (§ 558 BGB). In addition, the last increase must be at least 12 months ago (the one-year blocking period). In practice this means an increase is possible roughly every 15 months at the earliest.
How much can the rent rise?
At most up to the ortsübliche Vergleichsmiete, and by no more than 20% within any three-year period (the Kappungsgrenze, § 558 (3) BGB). In areas with a strained housing market, designated by the federal state by ordinance, the cap drops to 15%.
What form must the Mieterhöhung take?
Text form (Textform, § 558a BGB). A letter, email or PDF is enough; a handwritten signature is not required, but a verbal request is invalid. The request must be justified, typically by referring to the local Mietspiegel (rent index) and the matching band.
What deadline does the tenant have to agree?
The tenant has until the end of the second full month after receipt to consent (§ 558b BGB). If they agree, the higher rent applies from the third calendar month after receipt. If they refuse, the landlord may sue for consent within a further three months.
What happens if the request has a formal error?
A formally defective request (e.g. missing or insufficient justification, wrong Mietspiegel band, or exceeding the Kappungsgrenze) is invalid. The tenant need not agree and does not owe the higher rent. You must then serve a corrected request, which restarts the deadlines.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.