How can I fight against an unjustified rent increase?
October 23, 2022 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
My name is Clara Büchner and I am reaching out to you with an urgent question. Recently, I received a notification from my landlord about a rent increase. However, I strongly believe that this increase is unjustified and I would like to challenge it.
Regarding the current situation: I have been living in a small apartment in Berlin for three years and have always paid my rent on time. My landlord has informed me in writing that the rent is to be increased by 10%, allegedly due to increased maintenance costs. However, I have not noticed any improvements or renovations in my apartment that would justify such a rent increase. Additionally, I have not found any clause in the rental agreement that allows for such unilateral increases.
My concern is that I may not be able to afford the increased rent and may face financial difficulties as a result. Therefore, I am seeking your advice on how to challenge this unjustified rent increase. What legal options do I have to prevent or at least review the increase? Are there any specific deadlines I need to be aware of in order to effectively present my case legally?
I appreciate your assistance in advance and look forward to your professional guidance.
Sincerely,
Clara Büchner
Dear Mrs. Büchner,
Thank you for your inquiry regarding the unjustified rent increase that was communicated to you by your landlord. It is understandable that you are concerned and looking for ways to challenge this increase. In such cases, it is important that you know your rights as a tenant and act accordingly.
First and foremost, it is important to determine whether the rent increase is actually legal. According to § 558 BGB, the rent can only be increased if it was agreed upon in the rental contract or if there is a corresponding legal basis. If you have not found a clause in the rental contract allowing the landlord to unilaterally increase the rent, the increase may not be legal.
Furthermore, the landlord must justify the rent increase, for example, with increased maintenance costs. It is important that you review this justification and, if necessary, provide evidence that the costs have not increased or that no corresponding measures have been carried out in your apartment to justify an increase.
To challenge the rent increase, you can formally object to your landlord in writing and request the justification for the increase. You can also request a review of the rent increase by a tenant association or a lawyer. If the landlord insists on the increase, you can file a lawsuit with the appropriate district court.
It is important that you adhere to the deadlines. According to § 558 BGB, the landlord must notify the rent increase at least three months before the planned increase date. You then have two months to object in writing.
Finally, I would like to emphasize the importance of seeking legal advice from a specialist lawyer in tenancy law to increase your chances of success. I hope that my information is helpful to you and wish you good luck with your endeavor.
Sincerely,
Oliver Hentschel
Lawyer specializing in tenancy law
