Can my landlord increase the rent if I have been living in the apartment for a long time?
July 16, 2022 | 50,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
I am writing to you because I am very concerned about a possible rent increase. My name is Anneliese Rosenow and I have been living in my current apartment for over 10 years. In all these years, my landlord has never increased the rent, but now I have received a letter stating that the rent is going to be raised.
I am unsure, as I have read that there are certain regulations regarding rent increases, especially for long-term tenants. I have always paid my rent on time and kept the apartment in good condition. Therefore, I do not understand why my landlord suddenly wants to increase the rent.
Can you please explain to me if my landlord has the right to increase the rent, even though I have been living in the apartment for a long time? Are there legal provisions that protect me in this situation? What can I do to defend myself against the rent increase? Are there any ways to prevent or at least minimize the increase?
I would greatly appreciate your expert advice and support, as I am unsure of the best course of action in this situation.
Thank you in advance for your help.
Sincerely,
Anneliese Rosenow
Dear Mrs. Rosenow,
Thank you for your inquiry regarding the possible rent increase in your long-standing apartment. It is understandable that you are concerned and seeking information on legal protection provisions.
In principle, your landlord has the right to increase the rent, but certain legal regulations must be observed. In Germany, rent increases are regulated in the Civil Code (BGB). According to § 558 BGB, the rent may only be increased under certain conditions. These may include modernization measures, increased operating costs, or rent-increasing characteristics in the local rent index.
In your case, where you have been living in the apartment for over 10 years, the rent cap limit according to § 558 para. 3 BGB may apply. This means that the rent can only be increased by a maximum of 20 percent within three years. If your landlord increases the rent within this limit, you are not obliged to accept the increase.
It is important that you carefully review the rental agreement and the increase letter to ensure that all legal requirements have been met. If this is not the case, you can object to the rent increase. It is advisable to seek advice from a specialist lawyer in rental law to protect your rights and find an appropriate solution.
Additionally, you can also engage in dialogue with your landlord and try to find a mutually agreeable solution. There may be ways to negotiate or delay the increase, especially if you point out improvements or repairs needed in the apartment.
In any case, I recommend that you act promptly and seek legal advice to protect your interests. I am available for a detailed consultation and will support you in finding the best possible solution for your situation.
Best regards,
Oliver Hentschel
Attorney specializing in rental law
