Rent increase according to §§ 558ff of the German Civil Code
July 1, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My landlord sent me a form on 23.06.2010 for "Consent to rent increase according to §§ 558 ff BGB". As far as I can judge, this increase is justified in terms of reason and amount. However: I receive benefits according to SGB XII for my youngest son (7) who lives with me. There are no other people living in the household. Even before this increase, the rent for the apartment was significantly above the rent cap. The office has been lenient so far and has accepted the wheelchair accessible apartment. The previous rent of 450 euros was fully recognized. The rental agreement has been in place since 01.03.2008. I moved into this apartment with the support of the ARGE (at that time my older son still lived with me, so the ARGE was responsible) - they granted the deposit, the commission, and moving costs. My QUESTION: Does the social welfare office now have to also acknowledge and cover the rent increase (as long as it is within the legal framework), or can the office now force me to exchange the apartment for a cheaper one (which would probably not be possible here due to the specific requirements, e.g. disability access)?? I receive disability pension and care level 1 due to 100% disability, as well as supplementary benefits according to SGB XII and UVG. Thank you in advance for your sincere response!
Dear inquirer ,
Thank you for your inquiry!
I would like to address your questions as follows:
The authority must be informed about the rent increase, as ultimately the authority must decide whether the increased rent is still reasonable or can be financed by the authority according to the legal situation.
In this context, there will likely also be an examination of the justification for the rent increase. According to the law, a rent increase is only possible once a year and by a maximum of 20%, with the local comparative rent generally being the upper limit.
Based on your description, I have legitimate doubts about the legality of the rent increase, but without a conclusive examination of the facts and legal situation, especially the correspondence, I unfortunately cannot assess it remotely within the scope of an initial consultation on this platform.
Ultimately, if the rent increase is justified and a suitable apartment is available for you, the authority unfortunately has the option to refer you to a more affordable apartment.
I hope I have answered your questions to your satisfaction and wish you a pleasant Thursday afternoon!
If you have any further questions, please use the free follow-up option.
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774
