Checking a Staffelmiete or Indexmiete (2026)
Checking a Staffelmiete or Indexmiete
Stepped: a fixed euro amount per step, 12 months apart. Index: a text-form declaration with the old and new index figures.
With either, an additional increase under § 558 BGB is excluded, and both are subject to the rent brake at the start of the tenancy.
§§ 557a, 557b BGBIn 60 seconds
A stepped rent needs a fixed euro amount per step in the contract, at least twelve months between steps, and written form (§ 557a BGB).
A step takes effect automatically on the agreed date; an index increase only after the landlord actively declares it.
The index declaration must state in text form the index movement, old and new figure, and the new rent (§ 557b Abs. 3 BGB). Without that, the increase is not due.
An index increase is owed only from the start of the second month following receipt of a proper, checkable declaration.
With either model an additional increase to the local comparable rent under § 558 BGB is excluded; the rent brake applies to each step of a stepped rent and to the starting rent of an index rent.
What the law says
With a stepped rent, different levels for defined periods must be agreed in writing and stated as sums of money; each must stay unchanged for at least a year. With an index rent the rent follows the consumer price index, must likewise stay unchanged for at least a year, and is asserted by declaration in text form stating the index movement. In both cases increases under §§ 558 to 559b are excluded. Working translation; the German original is the binding text.
What to check for each
| Check | Stepped rent (§ 557a) | Index rent (§ 557b) |
|---|---|---|
| Form of increase | fixed euro amounts in the contract | tied to the CPI, declared in text form |
| Minimum interval | 12 months per step | 12 months between adjustments |
| Effective automatically? | yes, on the agreed date | no, only after a declaration |
| What must be stated? | the amount and date of each step | old and new index, and the new rent |
| Rent brake | yes, for each step too | yes, on the starting rent |
A worked example
A net rent of €800, last set at an index figure of 112.0.
€800 × (118.5 ÷ 112.0) = €846.43. Check that both index figures come from the same series, otherwise the result is wrong.
For the calculation in detail, see Calculating an index rent.
What it means for each side
- For a stepped rent, check each step appears as a euro amount with a date.
- For an index rent, check the declaration names the old and new index figures.
- Pay an index increase only from the second month after receipt.
- You need not accept an additional § 558 increase with either model.
- State steps as sums of money with dates, not as percentages.
- Observe the twelve-month interval with either model.
- State both index figures and the new rent in the declaration.
- Check the rent brake, for a stepped rent, on each step.
Common mistakes
Each step must appear as a concrete sum of money in the contract.
Without the old and new figures the increase is not due.
It is owed only from the start of the second month following receipt.
With a stepped or index rent it is excluded for the term.
What to do next
Look in the contract to see which model was agreed.
For a stepped rent: check the amounts, the dates and the twelve-month interval.
For an index rent: check the declaration for text form, both index figures and the new rent, and recalculate.
Hold the starting rent against the rent brake, and each step of a stepped rent too.
Frequently asked questions
Is my Staffelmiete legal?
A Staffelmiete (stepped rent) is only valid if each step is written into the contract as a fixed euro amount, a percentage is not enough, and at least 12 months lie between any two steps (§ 557a Abs. 1 and 2 BGB). The agreement must be in writing (Schriftform). During its term, increases under §§ 558 to 559b BGB are excluded. If any of these is missing, that step is invalid.
How do I calculate the Indexmiete?
The new rent is: old rent × (current VPI ÷ base VPI). The base VPI is the Verbraucherpreisindex (consumer price index) of the Statistisches Bundesamt at the last setting; the current VPI is the value at the time of the increase. Example: 800 € × (118.5 ÷ 112.0) = 846.43 €. What matters is the percentage change in the index applied to the starting rent (§ 557b BGB).
Can the landlord also raise the rent under § 558?
No. With both a Staffelmiete (§ 557a Abs. 2 BGB) and an Indexmiete (§ 557b Abs. 2 BGB), a Mieterhöhung (rent increase) up to the ortsübliche Vergleichsmiete (local comparable rent) under § 558 BGB is excluded during the term. A Modernisierungsumlage (modernisation surcharge) under § 559 BGB is also excluded for a Staffelmiete; for an Indexmiete it is only allowed where the landlord is not responsible for the works.
Does the Mietpreisbremse apply to stepped and index rents too?
Yes. In designated areas the Mietpreisbremse (rent cap, § 556d BGB) applies to Staffel- and Indexmieten as well. The starting rent is tested: it may exceed the ortsübliche Vergleichsmiete (local comparable rent) by at most 10 %. With a Staffelmiete, each individual step is also measured against that limit (§ 557a Abs. 4 BGB).
From when do I have to pay the higher Indexmiete?
An increased Indexmiete is only owed from the beginning of the month after next following receipt of the Erhöhungserklärung (increase notice) (§ 557b Abs. 3 BGB). If the notice arrives in June, you pay the new rent from August. You owe nothing more before that, even if the index rose long ago.
What is the difference between a Staffelmiete and an Indexmiete?
With a Staffelmiete (stepped rent), the future rents are already fixed in the contract as euro amounts (§ 557a BGB) and rise automatically on the agreed date. With an Indexmiete (index-linked rent), the rent is tied to the Verbraucherpreisindex (consumer price index) (§ 557b BGB); it only rises once the landlord declares the increase in Textform and shows the index figures.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.