Can my landlord increase the rent without notice?
March 17, 2023 | 40,00 EUR | answered by Simon Büchner
Dear attorney specializing in civil law,
My name is Leonie Sauer and I am a tenant of an apartment in Berlin. Recently, my landlord sent me a rent increase without any prior notice. I am concerned about whether he is allowed to do this and how I can defend myself against it.
The current situation is as follows: Three years ago, I signed a lease for my apartment in which the rent was specified. Since then, my landlord has not raised the rent and I have not received any notification from him. Therefore, I was very surprised when I suddenly received a letter in my mailbox announcing a rent increase.
The current situation is that my landlord wants to increase the rent by 10%, which poses a significant financial burden for me. I am now wondering if my landlord has the right to increase the rent without prior notice and if there are any ways to oppose it.
My concerns are that I may not be able to afford the rent increase and that my landlord may be violating my rights as a tenant. Therefore, I would like to know if the rent increase is legal and if I can object to it.
My question is: Can my landlord increase the rent without notice and what steps can I take to defend myself against it? Thank you in advance for your help and support.
Sincerely,
Leonie Sauer
Dear Mrs. Sauer,
Thank you for your inquiry regarding the rent increase that your landlord has sent you without any prior notice. In your case, it is important to clarify whether the rent increase is legal and what steps you can take to challenge it.
In general, a landlord cannot simply increase the rent, but must meet certain requirements. In your case, you have indicated that there has been no rent increase since the signing of your lease three years ago. This means that your landlord cannot increase the rent without justification.
According to § 558 of the German Civil Code (BGB), a rent increase is only permissible under certain conditions. The landlord must notify the tenant in writing of the rent increase at least three months in advance, stating the new rent and the reasons for the increase. In addition, the rent cannot be increased by more than 20% within three years. If your landlord does not meet these requirements, the rent increase would be invalid.
In your case, it appears that your landlord did not follow the proper procedures and the rent increase was done without prior notice. You have the right to object to the rent increase. This objection should be made in writing and justified. You can cite the lack of notification and the failure to comply with legal requirements.
It would be advisable to first discuss your concerns with your landlord and express your objections. If he does not respond to your objection or still wants to enforce the rent increase, you may consider seeking legal advice from a civil law attorney to take legal action.
I hope this information is helpful to you and that you are able to successfully challenge the unjustified rent increase. If you have any further questions or need legal assistance, please feel free to contact me.
Best regards,
Simon Büchner
