What can I do if my landlord wants to increase the rent?
October 30, 2023 | 50,00 EUR | answered by Günther Schulz
Dear Lawyer specializing in tenancy law,
I am reaching out to you with an urgent question regarding my rental apartment. My landlord recently informed me that he wants to increase the rent. I am currently in a financially difficult situation and am concerned that I will not be able to afford the higher rent.
Regarding the situation: I have been living in the apartment for three years and have always paid my rent on time. However, my income has recently decreased and I am having trouble covering my monthly expenses. The planned rent increase would further worsen my financial situation and I do not know how to react to it.
My concerns are diverse. I fear that I may not be able to pay the rent anymore and that my landlord could possibly terminate my lease because of this. Additionally, I am unsure if the planned rent increase is legal and what steps I can take against it.
Therefore, my question to you is: What can I do if my landlord wants to increase the rent? Are there legal options to prevent or at least reduce the rent increase? How can I successfully represent my interests as a tenant and minimize my financial burden?
I thank you in advance for your support and look forward to your expert advice.
Best regards,
Jakob Böhm
Dear Mr. Böhm,
Thank you for your trust and for providing a detailed description of your situation. It is understandable that you are concerned if your landlord is planning to increase the rent and you are in a difficult financial situation. In such cases, it is important that you know your rights as a tenant and take legal steps to protect yourself.
First and foremost, it is important to know that a rent increase cannot simply be carried out by the landlord. There are legal regulations that govern both the amount and the timing of a rent increase. Generally, the landlord must announce and justify a rent increase in writing at least three months in advance. Additionally, the rent increase can only be within certain limits set by the local comparative rent.
If you have doubts about the legality of the rent increase, you can have it checked. I recommend contacting a tenant association or a lawyer specializing in rental law. A lawyer can review your lease documents and inform you whether the proposed rent increase is permissible. If not, they can take appropriate steps to challenge the rent increase.
If the rent increase is legal, there is still the possibility to negotiate with your landlord. For example, you could try to arrange a payment plan or a deferral of the rent increase to reduce your financial burden. It is important to initiate a conversation with your landlord early on and communicate your situation openly.
If you are indeed struggling to pay the higher rent and your landlord insists on the rent increase, you may be able to claim hardship. However, you would need to prove that the rent increase poses an unreasonable burden on you.
Overall, it is important that you inform yourself in a timely manner about your rights and options and seek professional help if necessary. I hope this information is helpful to you and wish you success in managing your situation.
Sincerely,
Günther Schulz
Lawyer specializing in rental law
