Can my landlord unilaterally increase the rent?
October 9, 2023 | 40,00 EUR | answered by Hans Krüger
Dear Sir or Madam,
I am writing to you with a question regarding rental law. My name is Tobias Dörr and I am a tenant of an apartment in Munich. Recently, I received a letter from my landlord in which he announces a unilateral increase in rent. I have always paid my rent on time and my utility bill settlements have always been correct.
The current rent is 800 euros per month, which my landlord now wants to increase by 100 euros. However, I am surprised and concerned about this unilateral decision by my landlord. I wonder if he is allowed to do this and if there are legal options to resist it.
I have read that a rent increase is usually only possible under certain conditions, for example, due to modernization measures or increased operating costs. However, my landlord did not cite any specific reasons for the increase in his letter.
Therefore, my question to you is: Can my landlord unilaterally increase the rent without informing me and without providing a justification? Are there legal actions that I, as a tenant, can take to resist this increase? I want to ensure that my rights as a tenant are protected and would therefore be grateful for your legal assessment and possible solutions.
Thank you in advance for your support.
Sincerely,
Tobias Dörr
Dear Mr. Dörr,
Thank you for your inquiry regarding rental law. As a tenant, you have certain rights that allow you to defend yourself against a unilateral rent increase by your landlord. It is important to know that a rent increase is only legally permissible under certain conditions.
Your landlord can generally only increase the rent if it was agreed upon in the rental agreement or if he can rely on a legal basis. This may include, for example, modernization measures, increased operating costs, or an adjustment to the local comparative rent. However, you mentioned that your landlord did not provide specific reasons for the rent increase in your case. This could be an indication that the increase may not be lawful.
According to § 558 of the German Civil Code (BGB), your landlord is required to provide you with a written justification for the rent increase, in which he explains the reasons for the increase. If he has not done so, this could be a violation of legal regulations. In this case, you may be able to challenge the rent increase and take legal action.
As a tenant, you have the option to file an objection within three months of receiving the rent increase request. The objection should be detailed and, if necessary, you may seek assistance from a lawyer. If your landlord continues to insist on the rent increase, you may consider resolving the matter in court.
It is advisable to promptly contact a specialized lawyer in rental law to explore your legal options and receive a well-founded assessment of the situation. The lawyer can assist you in defending your rights as a tenant and potentially finding a suitable solution with your landlord.
I hope that this information is helpful to you and wish you success in asserting your rights as a tenant.
Sincerely,
Hans Krüger
Lawyer specializing in Civil Law
