Reader question: Can I withdraw, as with an online purchase, the consent to a rent increase under Section 558 given by letter?
You have given written consent to a claimed increase in your German flat rent. A few days later you notice a possible mistake. Because everything was done by letter, you would like to withdraw the consent as if it were an online purchase. This conclusion is not reliable in the case of a comparative rent increase under §§ 558a, 558b BGB.
Establish which transaction you consented to
Put the notice of increase, the justification, attachments and your complete reply side by side. Was it actually consent to the local comparative rent (ortsübliche Vergleichsmiete) or to another agreement? Mark the amount, the start date and any additionally regulated points.
A modernisation increase, a free contractual amendment and a consent in the comparative rent procedure are different starting points. A letter containing several provisions must also be examined for its actual content. The article does not decide a mixed addendum by its heading.
Take into account the limited statement of the BGH
In judgment VIII ZR 94/17 of 17 October 2018 the BGH denied a right of withdrawal under the rules on distance contracts for consent to a claimed comparative rent increase. The protection afforded by the justification and the statutory reflection period was decisive for this. [BGH9417] The possibility of examining before consenting is not simply extended by a subsequent general withdrawal period.
The judgment does not mean that all tenancy agreements concluded at a distance or later amendments remain without a withdrawal examination. The current residential provision is in §312 paragraph 3 BGB; the older judgment uses a paragraph number applicable at that time. [BGB312] The concrete route of the increase remains decisive.
Have another objection examined on its actual basis
Describe exactly what you noticed afterwards. Did you misunderstand a statement, was a different declaration made or does the letter contain additional agreements? Also pass on previous conversations and information received in full.
The rejection of a blanket distance-contract withdrawal does not prove that every other possible objection would be excluded. Conversely, the mere wish to withdraw the decision does not replace a viable legal basis. Have this checked early on the basis of the concrete declaration before you change payment orders or assert a secure claim for repayment.
Use the reflection period for future decisions
§558b contains the statutory time for the decision on consent and the start of payment in the event of consent. [BGB558b] This preliminary examination belongs in the process when a further claim is made. An earlier response date proposed by the sender should not, without scrutiny, displace your own examination.
In the fictional case the tenant signed immediately and afterwards discovered an incorrect equipment feature in the justification. They present the complete process for advice and state both their consent and the error. The advice examines the actual binding effect and possible further steps. The example confirms neither an effective withdrawal nor an automatically owed repayment.
The result should be a reasoned response to the already existing declaration situation. A standard withdrawal text from another consumer transaction is not a safe shortcut for this.