How can I oppose a rent increase?
January 12, 2023 | 45,00 EUR | answered by Günther Schulz
Dear lawyer,
My name is Heike Bergner and I am a tenant of an apartment in Munich. Recently, I received a rent increase from my landlord, which I consider to be unreasonably high. I do not know how to proceed against this and I am hoping for your assistance.
The situation is as follows: I have been living in this apartment for five years and have always paid my rent on time. Now, my landlord has informed me that he wants to increase the rent by 10%. I do not find this increase justified, as there have been no improvements or modernizations in the apartment in recent years. Additionally, I have not received any additional services or amenities from the landlord that would justify an increase.
My concern is that I may not be able to afford the increased rent and may even have to move out of the apartment. However, I would like to stay in my familiar surroundings and not be forced to look for a new place.
Therefore, my question to you is: How can I challenge the rent increase? Are there legal options to prevent or at least reduce the increase? What steps should I take as a tenant to advocate for my interests and protect my rights?
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Heike Bergner
Dear Ms. Bergner,
Thank you for your inquiry regarding the rent increase in your apartment in Munich. As an experienced lawyer specializing in tenancy law, I understand your concerns and your desire to uphold your rights as a tenant. In your situation, it is important that you are aware of the legal options available to you and take appropriate action to challenge the rent increase.
First and foremost, it is important to know that a rent increase cannot be arbitrary. The landlord must meet certain requirements and adhere to certain deadlines. In your case, if there have been no improvements or modernizations in the apartment, the rent increase may not be justified. It is essential to determine whether the landlord has complied with the legal requirements and whether the rent increase is reasonable.
As a tenant, you have various options to challenge the rent increase. Firstly, you should check if the rent increase is formally correct. The landlord must inform you of the rent increase in writing and provide certain information, such as the reasons for the increase and the new rent price. If this information is missing or incomplete, the rent increase may be invalid.
Furthermore, as a tenant, you have the right to contest the rent increase. You can lodge an objection within three months of receiving the rent increase letter. It is advisable to do this in writing and to explain the reasons for your objection. In your case, you could, for example, point out that there are no valid reasons for the rent increase and that it is unreasonably high.
If the landlord insists on the rent increase, you can seek assistance from a tenants' association or a lawyer specializing in tenancy law. A specialist lawyer can provide comprehensive advice, review your rights, and potentially take legal steps to review or reduce the rent increase.
Overall, it is important that you as a tenant take action and advocate for your interests. Exercise your rights and seek expert advice to challenge the rent increase. I wish you success and am available for further consultation.
Sincerely,
Günther Schulz, Lawyer specializing in tenancy law
