How can I defend myself against an unjustified rent increase?
January 3, 2022 | 50,00 EUR | answered by Günther Schulz
Dear lawyer specializing in tenancy law,
My name is Ingo Weiß and I am reaching out to you because I have an urgent issue with my landlord. Recently, I received a notice about a rent increase that I believe is completely unjustified. I have been living in this rental apartment for several years and have always paid my rent on time. There have been no problems or complaints from my landlord so far.
The reasoning behind the rent increase seems illogical to me and I feel unfairly treated. I have researched and found that a rent increase is only lawful under certain circumstances, such as when renovations have been made to the apartment or when the local comparable rent has increased. None of these reasons apply to my situation, however.
I am worried that my landlord is trying to push me out of the apartment or financially burden me. I feel helpless and frustrated because I do not know how to fight against this unjust rent increase. I do not want to simply accept and pay the higher rent, but rather seek possible solutions to defend my rights as a tenant.
Therefore, I am asking for your help and advice: How can I effectively fight against this unjust rent increase? Are there legal steps I can take to challenge or at least review the rent increase? I would greatly appreciate your support and expertise in this matter.
Sincerely,
Ingo Weiß
Dear Mr. Weiß,
thank you for your inquiry regarding the unjustified rent increase by your landlord. It is understandable that you feel helpless and frustrated in this situation. It is important that you know your rights as a tenant and how to defend yourself against such actions by your landlord.
First and foremost, I want to emphasize that a rent increase is only legal under certain conditions. As you have correctly pointed out, rent increases may be justified, for example, due to modernization measures or an increase in the local comparable rent. If none of these reasons apply to your situation, the rent increase may be unlawful.
In such a case, you should first have a conversation with your landlord and politely but firmly express your concerns about the rent increase. Ask for the exact reasons for the rent increase and request a justification in writing if necessary. It is important to document all communication with your landlord in writing to be able to provide evidence in case of a dispute.
If the conversation with your landlord does not lead to an agreement and you still believe that the rent increase is unjustified, you may consider taking legal action. You have the right to challenge the rent increase within one month of receiving the rent increase notice. For this, you must submit a timely written objection to the rent increase. In your objection, you should explain in detail why you believe the rent increase is unjustified and attach any evidence such as the lease agreement, rent payment receipts, and other relevant documents.
If your landlord insists on the rent increase despite your objection, you can seek help from a lawyer specializing in rental law to represent your interests in court. A lawyer can assess the legality of the rent increase and assist you in enforcing your rights as a tenant.
I hope this information helps you and wish you success in asserting your rights as a tenant. If you have any further questions, please do not hesitate to contact me.
Sincerely,
Günther Schulz, Lawyer specializing in rental law
