What can I do if my landlord increases the rent unlawfully?
September 14, 2022 | 40,00 EUR | answered by Anna Fuchs
Dear lawyer,
I am reaching out to you with the following question: What can I do if my landlord unlawfully increases the rent?
The situation is as follows: I am a tenant in an apartment in a multi-family house and have an unlimited rental contract. Recently, I received a letter from my landlord announcing a 10% rent increase for the next month. This increase came as a surprise to me, as there have been no changes in the quality of living or other relevant factors that would justify such an increase.
As of now, I do not want to pay the increased rent, as I believe my landlord does not have a valid basis for it. I am concerned that my landlord could take further steps if I resist the rent increase, and that I may potentially jeopardize my rental contract.
I am wondering what legal steps I can take in this situation to challenge my landlord's unlawful rent increase. Are there specific laws or regulations I can refer to? What options do I have to protect my rights as a tenant and keep the rent at a reasonable level?
Thank you in advance for your help and support.
Sincerely,
Edith Ehrenbreit
Dear Mrs. Ehrenbreit,
Thank you for your question regarding the unauthorized rent increase by your landlord. It is understandable that you are concerned about the situation and want to protect your rights as a tenant. In Germany, there are clear legal regulations that protect tenants from arbitrary rent increases.
First and foremost, it is important to know that your landlord cannot simply increase the rent without having a valid reason for doing so. In Germany, rent increases are legally regulated. According to § 558 BGB, rent can only be increased under certain conditions, such as modernization measures or an increase in operating costs. So if your landlord cannot provide such a justification for the rent increase, it is considered unauthorized.
In your case, I recommend that you first have a conversation with your landlord and politely but firmly point out the lack of legal basis for the rent increase. You can also submit a written objection to the increase and request your landlord to revert the rent to the previous level. If your landlord does not respond to this or still wants to implement the increase, you can take legal action.
As a tenant, you have the right to reduce the rent if it has been unlawfully increased. This means that you can pay the increased rent under reserve and at the same time demand a refund of the overpaid amount. If your landlord insists on the rent increase, you can also take the matter to court to have the legality of the increase reviewed.
Additionally, you can contact the local tenants' association or an experienced attorney specializing in tenancy law to receive professional support in your case. These experts can help you defend your rights as a tenant and find an appropriate solution with your landlord.
I hope this information helps you and wish you success in asserting your rights as a tenant. If you have any further questions, please feel free to contact me.
Best regards,
Anna Fuchs
