Staffelmiete or Indexmiete: how to agree it (2026)
Staffelmiete or Indexmiete: how to agree it
A stepped rent fixes euro amounts; an index rent follows the consumer price index.
With either, a further increase under the Mietspiegel (§ 558 BGB) or for modernisation (§ 559 BGB) is excluded for the term. You are committing to one route.
§§ 557a, 557b BGBIn 60 seconds
With a stepped rent the increases must appear in writing as fixed euro amounts, not as a percentage (§ 557a Abs. 1 BGB), and each step must stay unchanged for at least a year (Abs. 2).
An exclusion of the tenant's right to terminate is capped at four years with a stepped rent (§ 557a Abs. 3 BGB).
An index agreement must be concluded in writing; orally it is void (§ 557b Abs. 1 BGB). After a change the rent must stay unchanged for at least twelve months, so at most one adjustment a year (Abs. 2).
You assert an index increase in text form, stating the index movement that occurred and the new rent (§ 557b Abs. 3 BGB).
The rent brake applies afresh to each step of a stepped rent (§ 557a Abs. 4 BGB), but to an index rent only for the starting rent (§ 557b Abs. 4 BGB).
What the law says
With a stepped rent, different rent levels may be agreed in writing for defined periods; the rent must stay unchanged for at least a year in each case, and the increases must be stated as sums of money. With an index rent it may be agreed that the rent is determined by the consumer price index; here too it must stay unchanged for at least a year. In both cases increases under §§ 558 to 559b are excluded. Working translation; the German original is the binding text.
Stepped or index rent, which fits?
| Criterion | Stepped rent (§ 557a BGB) | Index rent (§ 557b BGB) |
|---|---|---|
| Size of increase | fixed euro amounts, known in advance | follows the CPI, unknown in advance |
| Frequency | as agreed, each step min. 1 year | max. once a year, min. 12 months |
| How it takes effect | automatically on the date | an active declaration in text form |
| Rent brake | applies to every step | applies to the starting rent only |
| Predictability | high, you know every amount | depends on inflation |
Rule of thumb: stepped rent where you want maximum predictability and can judge inflation realistically. Index rent where inflation protection matters more to you than a fixed figure.
Planned 2026 reform (Mietrecht II)
Under the cabinet decision of April 2026, in tight housing markets the part of an index increase exceeding 3.0% a year would raise the rent only by half. The legislative process was not complete at the time of writing; check the current position before making an adjustment.
What it means for each side
- Check the steps are agreed as euro amounts, not percentages.
- For an index rent: the increase must come in text form and state the index movement.
- Check that twelve months separated two adjustments.
- In tight markets the rent brake applies afresh to each step.
- Draft steps as fixed euro amounts with dates.
- Observe the twelve-month interval with either model.
- Declare index adjustments in text form, with the index movement and the new rent.
- Do not additionally increase under § 558 BGB during the term.
Common mistakes
Void, § 557a Abs. 1 BGB requires sums of money.
Each step must stay unchanged for at least twelve months.
Leave out the index movement and it does not bite either.
Excluded during the term. And an exclusion of termination beyond four years is void (§ 557a Abs. 3 BGB).
What to do next
Choose the model: stepped for predictability, index for inflation protection.
Draft the clause: steps as euro amounts with dates, index against the Federal Statistical Office's CPI.
Keep to written form (§ 557a Abs. 1, § 557b Abs. 1 BGB) and check the rent brake in tight markets.
Record the step dates and index adjustments and apply them on time.
Frequently asked questions
What is the difference between Staffelmiete and Indexmiete?
A Staffelmiete (stepped rent, § 557a BGB) fixes exact euro amounts and dates in advance. You already know today what the rent will be in five years. An Indexmiete (index-linked rent, § 557b BGB) ties the rent to the Verbraucherpreisindex (consumer price index, VPI); it only rises when inflation does, and at most once a year. Both exclude a separate Mieterhöhung (rent increase) based on the Mietspiegel (§ 558 BGB) or modernisation.
How often can I raise a Staffelmiete?
As often as agreed in the lease, but each step must stay unchanged for at least one year (§ 557a Abs. 2 BGB). The increases must be written into the lease as fixed euro amounts; a percentage figure alone is not enough. A separate Mieterhöhung under § 558 BGB or § 559 BGB is excluded for the duration of the Staffelmiete.
How do I calculate an Indexmiete?
New rent = previous rent × (current VPI / VPI at the last setting). The relevant index is the Verbraucherpreisindex of the Statistisches Bundesamt (base year 2020 = 100). You assert the increase in Textform (text form, § 557b Abs. 3 BGB), stating the index change and the new rent; it takes effect no earlier than the month after next.
Does the Mietpreisbremse apply to Staffelmiete and Indexmiete too?
Yes. For a Staffelmiete in a tight housing market, each step is measured against the ortsübliche Vergleichsmiete (local comparable rent) at the moment it takes effect (§ 557a Abs. 4 BGB). For an Indexmiete the Mietpreisbremse applies only to the Ausgangsmiete (starting rent, § 557b Abs. 4 BGB); later index adjustments are not covered.
Can I also pass on a modernisation with a Staffelmiete or Indexmiete?
No. While a Staffelmiete or Indexmiete agreement runs, a Mieterhöhung under § 558 BGB (reference rent) or § 559 BGB (modernisation) is excluded (§ 557a Abs. 2, § 557b Abs. 2 BGB). Exception: a legally mandated heating replacement under the Gebäudeenergiegesetz can still be passed on.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.