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.

BildProof RedaktionUpdated 9/28/20262 min readGermany
In short

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. 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. 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. 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. 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. 5

    Compare with the Mietspiegel

    Compare the rent the landlord asks for with the Mietspiegel before you answer.

  6. 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.

More on this

Also in this topic: Modernisierung: tenant rights & rent increaseChecking a Staffelmiete or IndexmieteAll guides: Rent & rent increases

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