Checking a Mieterhöhung: is the rent increase legal?
How to tell whether you have to agree to a Mieterhöhung (rent increase), and how much time you have to decide.
A rent increase is only legal if the rent was unchanged for 15 months, rises by at most 20% in three years (15% in tight housing markets) and comes with reasons. Check it by the end of the second month after the letter arrives.
What to check in a rent increase letter
If any of these points is missing, you do not have to agree. Go through them in order.
- 1
Note the day the letter arrived
Write down when the letter arrived and work out your deadline. It is the end of the second month after that.
- 2
15 months without a change
The rent must have been unchanged for 15 months on the day the increase is meant to start.
- 3
The cap: 20% in three years
The rent can rise by at most 20% in three years. In tight housing markets the cap is 15%.
- 4
The landlord's reasons
The landlord must back up the increase with the Mietspiegel (local rent index), three similar flats or an expert report.
- 5
Compare with the Mietspiegel
Compare the rent the landlord asks for with the Mietspiegel before you answer.
- 6
Decide in time
Within the deadline, you agree, object or give notice.
Why this matters
§ 558 BGB only allows an increase after 15 months and only up to the cap. Under § 558b BGB, you have until the end of the second month after the letter arrives to decide. If you stay silent, that does not count as consent.
General information, not legal advice.
Frequently asked questions
How often can the rent be increased?
The rent must have been unchanged for 15 months on the day the increase is meant to start (§ 558 Abs. 1 BGB). The landlord can send the letter one year after the last increase at the earliest.
What happens if I do not answer the rent increase?
If you do not answer, that does not count as consent. If you have not agreed by the end of the second month after the letter arrives, the landlord can sue for your consent within a further three months (§ 558b BGB).
Can I give notice after a Mieterhöhung?
Yes, you have a special right to give notice until the end of the second month after the letter arrives (§ 561 BGB). The lease then ends at the end of the month after next, and the increase does not apply.
Also in this topic: Modernisierung: tenant rights & rent increaseChecking a Staffelmiete or IndexmieteAll guides: Rent & rent increases
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