How can I take action against my landlord who has unilaterally increased the rent?
December 10, 2022 | 40,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I have a question regarding my tenancy and hope that you can help me. My landlord has unilaterally increased the rent and I do not know how to proceed against it.
The situation is as follows: I signed a lease for my apartment a year ago. In this contract, a specific monthly rent was agreed upon, which I have been paying on time and correctly so far. Recently, however, I received a letter from my landlord announcing a rent increase and demanding a higher rent starting from next month.
I am not sure if this increase is legal, as a fixed rent was agreed upon in the lease and there is no clause regarding possible rent increases. I am concerned that my landlord is abusing his power and that I need to resist this measure.
Therefore, my question to you is: How can I proceed against my landlord who has unilaterally increased the rent? Are there legal steps I can take to stop or reverse the rent increase? I want to ensure that my rights as a tenant are upheld and that I am not unfairly disadvantaged.
Thank you in advance for your help and support.
Sincerely,
Oliver Köhler
Dear Mr. Köhler,
thank you for your inquiry regarding the unauthorized rent increase by your landlord. It is understandable that you feel uncertain in this situation and want to ensure that your rights as a tenant are protected. Allow me to explain to you what legal steps you can take in this case.
First and foremost, it is important to determine whether the rent increase is actually lawful. According to § 558 of the German Civil Code (BGB), a rent increase is only possible under certain conditions. There must be a corresponding agreement on possible rent increases in the rental contract, or the landlord must provide a valid reason for the increase. If there is no such clause in the rental contract, the landlord cannot increase the rent without authorization.
In your case, where a fixed rent was agreed upon in the rental contract and there is no clause regarding rent increases, the unauthorized rent increase by your landlord is not lawful. You have the right to refuse to pay the increased rent and inform your landlord in writing that you do not accept the increase. It is advisable to do this by registered mail with return receipt to have proof of your rejection.
If your landlord insists on the rent increase despite your objections, you can take legal action. You can consult a lawyer specializing in tenancy law to help you represent your interests. One option would be to file a lawsuit to determine the invalidity of the rent increase at the competent district court. In a court proceeding, you can present your arguments and point out that the increase was made without legal basis.
It is important that you know your rights as a tenant and stand up against unjustified demands from your landlord. I recommend that you act promptly and seek professional assistance to stop or reverse the rent increase.
I hope that my explanations are helpful to you and wish you success in enforcing your rights.
Sincerely,
Friedhelm Krebs
Attorney-at-law specializing in civil law
