Checking a Staffelmiete or Indexmiete: is the increase right?
How to check whether your Staffelmiete (stepped rent) is valid, and whether an Indexmiete (index-linked rent) increase was declared and calculated correctly.
With a Staffelmiete, the lease must state each step as a fixed euro amount, and the steps must be at least 12 months apart. An Indexmiete increase only applies once the landlord declares it in text form with the old and new index figures and the new rent.
What to check with a Staffelmiete or Indexmiete
Compare your lease with the landlord's letter. Go through these points one by one.
- 1
Staffelmiete: fixed euro amounts
The written lease must state each step of a Staffelmiete as a euro amount.
- 2
At least 12 months apart
There must be at least 12 months between two steps, and between two index adjustments.
- 3
Indexmiete: declared in text form
The landlord must declare an Indexmiete increase in text form.
- 4
Both index figures in the letter
The letter must state the old and new index figures and the new rent. Then do the sum yourself.
- 5
When you start paying more
You pay a higher Indexmiete only from the second month after the landlord's declaration arrives.
- 6
The Mietpreisbremse still applies
Under the Mietpreisbremse (rent brake), the starting rent can be at most 10 % above the comparable rent. With a Staffelmiete, that applies to each step too.
Why this matters
Under § 557a BGB, a Staffelmiete must be agreed in writing and stated as sums of money. Under § 557b BGB, the landlord has to declare an Indexmiete increase in text form. In both cases, the landlord cannot also raise the rent to the comparable rent.
General information, not legal advice.
Frequently asked questions
Is my Staffelmiete legal?
A Staffelmiete is only legal if the written lease states each step as a fixed euro amount and there are at least 12 months between two steps (§ 557a Abs. 1, 2 BGB). A step given as a percentage or with a shorter gap is invalid.
From when do I pay a higher Indexmiete?
You pay a higher Indexmiete only from the second month after the landlord's declaration arrives (§ 557b Abs. 3 BGB). The declaration must come in text form and state the old and new index figures and the new rent.
How do I calculate the Indexmiete?
The formula is old rent × (current CPI ÷ base CPI). The base CPI is the figure from when the rent was last set (§ 557b BGB). Example: €800 × (118.5 ÷ 112.0) = €846.43.
Also in this topic: Checking a Mieterhöhung: is the rent increase legal?How to read and use the Mietspiegel as a tenantAll guides: Rent & rent increases
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