How can I defend myself against unauthorized rent increases?
April 29, 2022 | 40,00 EUR | answered by Nina Koch
Dear lawyer,
I am reaching out to you as I am in urgent need of legal advice. I am a tenant in an apartment and my landlord has recently announced a rent increase, which I believe is unjustified. The background is that my landlord claims that the rent must be increased due to rising operating and maintenance costs.
The current situation is that I have been living in the apartment for several years and have regularly paid my rent on time. The apartment is in good condition and I have not had any major issues with my landlord so far. However, I am very concerned that the announced rent increase would significantly burden my financial situation.
My question to you is: How can I fight against this unjust rent increase? What legal options do I have to resist or at least reduce the rent increase? Are there specific deadlines or formalities that I need to follow in order to successfully challenge the rent increase?
I would greatly appreciate your support and guidance in this matter.
Sincerely,
Chloé König
Dear Mrs. König,
Thank you for your inquiry regarding the announced rent increase by your landlord. It is indeed important that you inform yourself about your rights as a tenant and, if necessary, take legal steps to challenge an unjustified rent increase.
First and foremost, it is important to know that a rent increase is only permissible under certain conditions. Your landlord must adhere to the legal regulations. A rent increase due to increased operating and maintenance costs is generally possible, but your landlord must fulfill certain requirements.
A rent increase must be announced in writing and in accordance with a legal deadline. The usual deadline is three months. Additionally, your landlord must provide you with a comprehensible justification for the rent increase and, if necessary, submit evidence of the increased costs. If your landlord does not meet these requirements, the rent increase could be legally invalid.
To challenge the rent increase, you can file an objection within one month of receiving the rent increase letter. In your objection, you should clearly state the reasons why you consider the rent increase to be unjustified. It is advisable to send the objection in writing by registered mail to have proof of receipt.
If your landlord insists on the rent increase despite your objection, you can consult a lawyer specializing in tenancy law. They can assess your legal options and, if necessary, file a lawsuit against the rent increase. It is important to carefully keep all documents and correspondences with your landlord to strengthen your position.
Overall, it is advisable not to react hastily to an announced rent increase, but to seek legal advice in a timely manner. Each case is unique, and it may be helpful to consult a specialized lawyer to best represent your interests.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Nina Koch, Attorney at Law
