Ask a lawyer on the topic of Tenancy law

Rent adjustment according to the local rent index

November 17, 2010 | 35,00 EUR | answered by Steffan Schwerin

Hello,
we would like to buy a house in which an apartment is rented out. Since the conclusion of the rental agreement (15 years ago), no rent adjustment has been made.
I would like to adjust the rent to the current rental index. The apartment is currently 98 m² with a rent of €255.00. The current rental index is €4.90/m².
Is it permissible to adjust the rent from €255.00 to €480.20?
Thank you for a brief response.

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised taking into consideration the circumstances described and your effort as follows:

If you purchase the house and become the owner, the rental agreements will also transfer to you.

You can then increase the rent in accordance with local conditions under § 558 BGB. If the apartment meets the requirements of the rent index, you can also increase the rent.

The adjustment is also not objectionable in terms of amount.

The tenant must be notified and the increase must be announced and justified. The justification must refer to the rent index and it must also be attached.

Finally, I would like to point out that this platform cannot replace comprehensive and personal legal advice. Its sole purpose is to provide an initial rough assessment of your described legal issue based on the information you have provided to obtain legal advice from a lawyer. The legal information I provide is based solely on the information you have provided. By adding or omitting relevant information in the context of your description of the facts, a completely different legal assessment may result.

I hope I have been able to give you an initial overview and that my explanations are helpful to you. Please feel free to contact me through the follow-up option on this platform.

Furthermore, I am of course available for representation. I would credit the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. Mandate execution is also possible with the help of modern communication tools such as email, post, fax, and telephone.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
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