Can my landlord simply raise the rent?
February 27, 2022 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
My name is Eiko Karpinski and I am reaching out to you because I am unsure if my landlord can simply increase the rent.
The situation is as follows: I have been living in a rental apartment in Munich for two years and have always paid my rent on time. Now, my landlord has informed me that the rent will be increased by 10% starting next month.
My concern is that I cannot afford such a sudden increase financially. I have a stable job, but my income is limited. Rent reduction is not an option for me, as I really like the apartment and there are no other suitable options available.
Therefore, my question to you is: Can my landlord simply increase the rent like this? Are there legal options to challenge the increase? What steps can I take to protect my interests and keep the rent as stable as possible?
I thank you in advance for your help and advice.
Sincerely,
Eiko Karpinski
Dear Mr. Karpinski,
Thank you for your inquiry regarding the rent increase by your landlord. In Germany, a rent increase is only allowed under certain conditions. Your landlord must comply with legal regulations in order to carry out a legally valid rent increase.
First and foremost, it is important to know that your landlord generally has the right to increase the rent. This is regulated in the Civil Code (BGB) in § 558. However, the rent must not be increased arbitrarily, but must be based on the local comparative rent. This is usually determined by a rent index, which indicates the average rents in a particular region.
In your case, if your landlord wants to increase the rent by 10%, he should provide you with a justification for the rent increase. This justification must comply with legal requirements and may be related to increased operating costs or modernization measures, for example. It is important that your landlord communicates the reasons for the rent increase to you in writing.
If you have doubts about the legality of the rent increase, you can object within three months after receiving the rent increase request. You must provide written reasons why you consider the rent increase to be inadmissible. In this case, it may be advisable to consult a lawyer specializing in tenancy law to represent your interests.
It is important that you know your rights as a tenant and take action against unjustified rent increases if necessary. I recommend that you promptly contact your landlord for clarification. If an agreement cannot be reached, legal steps are available to challenge the rent increase.
I hope that this information has been helpful to you. If you have any further questions or require legal assistance, please feel free to contact me.
Best regards,
Oliver Hentschel
Attorney specializing in tenancy law
