Can my landlord increase the rent, even though he has not carried out any modernisation measures for years?
June 24, 2022 | 50,00 EUR | answered by Emma Richter
Dear lawyer specializing in rental law,
My name is Eva Böhm and I have been living in a rented apartment in Berlin for five years. During this time, my landlord has not carried out any modernization measures, even though the apartment already has some defects that urgently need to be fixed. Despite multiple inquiries on my part, the repairs have not been carried out so far.
Now my landlord has announced a 10% rent increase, claiming that the costs for maintenance have risen. However, this increase comes as a surprise to me, as I cannot see any improvements in the apartment and no modernization measures have been carried out.
I am concerned that my landlord can increase the rent even though he has not fulfilled his obligations as a landlord. I wonder if he even has the right to increase the rent if no modernization measures have been carried out.
Can you please tell me if my landlord is allowed to increase the rent even though he has not carried out any modernization measures for years? Are there any legal options to challenge this rent increase? I would greatly appreciate it if you could provide me with advice on this matter.
Thank you in advance for your help.
Sincerely,
Eva Böhm
Dear Mrs. Böhm,
Thank you for your inquiry regarding the rent increase by your landlord despite the lack of modernization measures. In your case, it is important to know that your landlord generally has the right to increase the rent. However, there are certain requirements that must be met for such a rent increase to be legally effective.
According to § 559 BGB, the landlord can increase the rent if modernization measures have been carried out that lead to a sustainable improvement of the rental property. This includes, for example, the installation of a new heating system, the renewal of windows, or the insulation of the building. So if your landlord has not carried out any modernization measures, he cannot simply increase the rent.
In your case, it seems to be more of a maintenance measure, as your landlord allegedly claims costs for this. Maintenance measures are intended to maintain the proper condition of the rental property, but they do not lead to a sustainable improvement. So if no modernization measures have been carried out, your landlord cannot simply increase the rent.
You do have legal options to challenge the rent increase. You can first file a written objection to the rent increase and ask your landlord to provide evidence of the alleged maintenance costs. If your landlord still insists on the rent increase, you can seek assistance from a lawyer specializing in tenancy law to enforce your rights.
In any case, I advise you to keep all communication with your landlord in writing and to seek advice from a specialized lawyer for legal questions. They can assist you and help you defend your rights as a tenant.
I hope this information has been helpful to you and I am available for any further questions.
Sincerely,
Emma Richter, Lawyer specializing in tenancy law
