Can my landlord increase the rent due to own use?
June 23, 2022 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
My name is Eiko Meyer and I have a question regarding my tenancy. I have been living in a rented apartment for five years and have always paid my rent on time. Now my landlord has informed me that he wants to increase the rent due to personal use. I am worried because I do not know if this is legal and if I can afford to pay the increased rent.
The housing situation in my city is already very tense and it is difficult to find a new affordable apartment. I feel pressured by my landlord and do not know how to handle this situation. I would like to know if my landlord actually has the right to increase the rent due to personal use and if there are ways to defend against this increase.
Could you please help me and tell me what legal steps I can take to defend against the rent increase due to personal use? Are there specific deadlines I need to adhere to or documents I should present? I am very grateful for any help and advice.
Yours sincerely,
Eiko Meyer
Dear Mr. Meyer,
Thank you for your inquiry regarding the rent increase due to own use. I understand that you may feel uncertain and under pressure in this situation. I would like to help you by showing you some legal steps you can take to defend yourself against the rent increase.
Firstly, it is important to determine whether the rent increase due to own use is actually legal. According to § 558 of the German Civil Code (BGB), the landlord can increase the rent if the rental property has been permanently improved by the landlord and as a result, the rental property is worth a higher rent. The landlord must provide the tenant with a valid reason for the rent increase and also adhere to the applicable rent control limit.
If the landlord wants to increase the rent due to own use, he must prove a legitimate own use. This means that the landlord intends to use the apartment for himself, his family members, or under certain conditions, his employees. The own use must be understandable and verifiable.
If you have doubts about the legality of the rent increase, I recommend seeking advice from a specialized attorney in tenancy law. An attorney can help you assess your rights and claims and possibly take legal action against the rent increase.
It is important that you do not make hasty decisions and seek comprehensive advice before responding to the rent increase. Also, be aware of any deadlines that may apply to a legal dispute.
I hope that my information is helpful to you and wish you success in enforcing your rights in this matter.
Best regards,
Günther Schulz, Attorney at Law
