What rights do I have as a tenant in the case of a rent increase due to modernization measures?
April 25, 2024 | 40,00 EUR | answered by Günther Schulz
Dear attorney specializing in tenancy law,
I am reaching out to you because I have received a rent increase in my current rental apartment, which is justified by planned modernization measures. My name is Daniel Dörr and I am a tenant in an apartment in a multi-family house in Stuttgart.
The landlord has announced that they intend to carry out extensive modernization works, including the renewal of the heating system, insulation of the facade, and installation of new windows. This is intended to improve the energy efficiency and living comfort of the building. As a result of these measures, my rent is also set to be increased.
I am concerned about whether the rent increase is justified and whether as a tenant I have certain rights to resist it or at least to review the amount of the increase. Additionally, I am wondering if I can stay in the apartment during the modernization works and how long they are expected to last.
Could you please explain to me what rights I have as a tenant in this situation and how best to proceed to protect my interests? Are there any specific deadlines or formal requirements that I need to adhere to? What options do I have to review the rent increase and potentially object to it?
Thank you in advance for your support and advice.
Sincerely,
Daniel Dörr
Dear Mr. Dörr,
Thank you for your inquiry regarding the rent increase due to planned modernization measures in your rental apartment in Stuttgart. As a lawyer specializing in tenancy law, I can provide you with some information and advice regarding your situation.
First and foremost, it is important to know that the landlord generally has the right to increase the rent after modernization measures. However, the rent increase must be reasonable and justified. As a tenant, you have the right to review the announced modernization measures and potentially challenge the rent increase.
In your case, it appears to be extensive modernization work aimed at improving the energy efficiency and living comfort of the building. Such measures can generally justify a rent increase if they indeed lead to a sustainable improvement in living conditions.
It is important that the announced modernization measures are detailed and provided in writing by your landlord. You have the right to review the planned work and assess whether they are necessary and appropriate. The calculation of the rent increase should also be transparent and understandable.
If you have doubts about the legality of the rent increase, you should seek legal advice promptly. A lawyer specializing in tenancy law can help you defend your rights and potentially challenge the rent increase. There are certain deadlines and formal requirements that must be followed when lodging a complaint, so it is important to act quickly.
Regarding the question of whether you can stay in the apartment during the modernization work, you generally have the right to stay in your apartment. However, depending on the nature and scope of the measures, there may be restrictions. It is important that the landlord informs you in a timely manner about the planned schedule of the work.
Overall, it is advisable to seek legal advice in your situation to protect your rights as a tenant. A lawyer specializing in tenancy law can help you review the rent increase, uncover any possible errors, and take action if necessary.
I hope this information is helpful and I am available for further questions.
Sincerely,
Günther Schulz
Lawyer specializing in tenancy law
