Can my landlord increase the rent without my permission?
January 4, 2023 | 40,00 EUR | answered by Gerda Dietrich
Dear lawyer,
I am reaching out to you as I am in an unclear legal situation as a tenant of an apartment. My landlord has informed me that he wants to increase the rent, however, without seeking my approval. I am unsure if this is even legal and how I should handle this situation.
Background: I have been living in the apartment for five years and have always paid my rent on time. There have been no issues or complaints from the landlord. Now he has informed me in writing that he wants to increase the rent by 10%, claiming that operating costs have risen. However, I have not received any notification about an operating cost statement or anything similar.
My concerns are that the rent will be increased without my consent and that I will be financially burdened as a result. I wonder if the landlord even has the right to increase the rent without my approval and if there are ways to challenge this.
Therefore, my specific question to you: Can my landlord increase the rent without my consent? What legal steps can I take to defend myself against this? Are there deadlines I need to be aware of or what documents are necessary to protect my rights as a tenant?
Thank you in advance for your support and advice on this matter.
Sincerely,
Petra Hohenadel
Dear Mrs. Hohenadel,
Thank you for your inquiry regarding the rent increase by your landlord without your consent. It is understandable that you may feel uncertain in this legal situation and are looking for ways to defend yourself against it.
In principle, a landlord cannot simply increase the rent without the tenant's consent. The legal regulations on rent increases are laid out in the Civil Code (BGB) in sections 558 to 560. According to section 558 BGB, the landlord must obtain the tenant's consent if they wish to increase the rent. This must be done in the form of a written statement, in which the increase is justified.
However, in your case, it seems that your landlord wants to increase the rent without your consent and has not provided you with a sufficient justification for it. Additionally, you have not received a utility bill that would justify an increase in rent due to increased operating costs.
To defend yourself against the unjustified rent increase, you can take the following legal steps:
1. Refusal of consent: You can inform your landlord in writing that you do not consent to the rent increase due to insufficient justification.
2. Review of the increase: You can request your landlord to provide you with a detailed justification for the rent increase and, if necessary, submit evidence for the increased operating costs.
3. Hiring a lawyer: If your landlord continues to insist on the rent increase, you can hire a lawyer to represent your interests and potentially take legal action.
It is important to adhere to deadlines if you wish to oppose the rent increase. Typically, the deadline for the tenant's consent is three months from receiving the rent increase letter. If you do not respond within this deadline, the rent increase will be considered valid.
To protect your rights as a tenant, it is advisable to keep all written communications with your landlord and, if necessary, have witnesses for verbal agreements.
I hope this information helps you and supports you in your legal situation. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Gerda Dietrich
