What are my rights as a tenant if my landlord wants to increase the rent?
July 12, 2022 | 50,00 EUR | answered by Gerda Dietrich
Dear Lawyers,
I am Gerda Stolzheim and I have an urgent question regarding my rights as a tenant, in case my landlord wants to increase the rent. I have been living in my current apartment in a quiet residential area for five years and have always paid my rent on time. Now my landlord has informed me that he wants to increase the rent by 10% starting next month.
My monthly income is limited and such an increase would significantly burden my financial situation. I am worried that I may not be able to afford the higher rent and may be forced to give up my beloved apartment.
I would like to know what rights I have as a tenant in this situation. Are there legal requirements that my landlord must follow when increasing the rent? Can I challenge the increase, and if so, what steps do I need to take? Are there any negotiation options to find a solution that is acceptable for both parties?
I would greatly appreciate it if you could assist me in this matter and inform me about my rights and possible courses of action. Thank you in advance.
Best regards,
Gerda Stolzheim
Dear Mrs. Stolzheim,
Thank you for your inquiry regarding a planned rent increase by your landlord. As a lawyer specializing in tenancy law, I can provide you with some information about your rights in this situation.
First of all, it is important to mention that your landlord cannot simply increase the rent as he pleases. There are legal requirements that he must adhere to when increasing the rent. In Germany, the Civil Code (BGB) regulates the conditions and limits for rent increases in sections §§ 558 to 560.
Basically, according to § 558 BGB, the rent can only be increased up to the local comparative rent. Your landlord must first prove that the current rent is below the local comparative rent. Furthermore, the rent cannot be increased by more than 20% within three years, unless there are special reasons.
If you have doubts about the legality of the planned rent increase, you can object within three months of receiving the rent increase letter. It is best to send this objection in writing and by registered mail to your landlord. In the objection, you can express your concerns about the rent increase and provide any documents that support your arguments.
If your landlord insists on the rent increase and you cannot come to an agreement, you can also take the matter to the local district court. There, you can file a rent increase lawsuit and have your case settled in court. It is advisable to seek the assistance of an experienced lawyer specializing in tenancy law to increase your chances of success.
In some cases, it may also be helpful to have a conversation with your landlord and seek a mutually acceptable solution. Perhaps your landlord is willing to negotiate and you can find a solution that is acceptable to both parties. It may also help to join forces with other tenants in the building and collectively oppose the rent increase.
I hope that this information is helpful to you and supports you in your situation. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Gerda Dietrich
