You receive a letter demanding a higher rent for your German rental flat and asking for your consent. Before you sign it, it must be clear which route of increase is meant. This article explains a demand under § 558 BGB up to the local comparative rent (ortsübliche Vergleichsmiete). An operating costs advance, an index adjustment or an increase for modernisation is assessed according to other rules. Personal affordability remains additionally a separate question.
Assign the letter to the correct rental model
Place the tenancy agreement, any amendments and the most recent change notifications next to the letter. During an ongoing graduated rent (Staffelmiete) an increase under § 558 is excluded; likewise, where an index rent (Indexmiete) applies § 557b does not provide for this route of increase. [MODELL] [INDEX] That does not mean every other payment is frozen. It shows why you must clarify the contract type before you start calculating percentages.
Our editorial recommendation is to record the date of receipt of the letter and the amount affected immediately. Separate basic rent, advance payments and other items. A visible posting date on an envelope and the actual date of receipt are different pieces of information. Keep the complete letter including the justification and attachments.
Two limits must both fit
§ 558 fundamentally requires that the rent has been unchanged for fifteen months at the time the intended increase takes effect; the demand can be made no earlier than one year after the last increase. Increases under §§ 559 to 560 are disregarded according to the provision. [RAHMEN]
In addition, the local comparative rent limits the target rent. It is not formed from arbitrary current sales or rental adverts. § 558 paragraph 2 names comparable accommodation and a period of six years as well as an exception for price‑restricted housing. For your comparison the appropriate property characteristics and the actual comparison basis used are therefore important. [RAHMEN]
Besides that there is the capping limit (Kappungsgrenze): generally twenty percent within three years, in areas determined accordingly by state ordinance fifteen percent. Statutory exceptions must be observed. [RAHMEN] The lower limit does not apply simply because you consider your city expensive. For your exact address and the relevant point in time, ask for the applicable ordinance. This article does not contain a permanently valid list of areas.
Understand the justification
§ 558a requires text form and a justification. As means of justification the provision lists in particular a rent index (Mietspiegel), a rent database, a substantiated expert opinion or comparable flats. For qualified rent indexes it contains additional notification requirements. [BEGRUENDUNG]
Check whether the construction age group, flat size, location and specified fittings match your property. A factual query names the concrete difference: for example a fitment listed as present which is actually missing. A blanket sentence such as that is too much for me does not explain this difference. Conversely, a formally comprehensible justification does not yet prove every material calculation.
Distinguish reflection time from payment
Under § 558b the tenant owes the higher rent, insofar as they consent, from the beginning of the third calendar month after receipt. If they do not consent by the end of the second calendar month after receipt, the landlord can sue for consent within the further statutory period. [ABLAUF] Silence should therefore not be treated as a harmless permanent settlement. The fact that consent is requested also does not mean the claim must be accepted without examination.
For the decision you can use appropriate advice early. Provide the date of receipt, complete documents and your specific point of examination. Do not simultaneously change other ongoing rent payments on the basis of a self‑made aggregated position. Which response is sensible in the individual case depends on the actually justified extent.
§ 561 also contains, in the case of an increase under § 558, a special right of termination with its own period and its own effect on the increase. [AUSZUG] Anyone who intends to move anyway should consider this right before consenting and with an appropriate check of the timetable. Mere desire for a new flat does not replace a properly executed notice of termination.
An example calculation without a decision on entitlement
Fictitiously the previous monthly basic rent is 800 euro and the demanded one 900 euro. The difference is 100 euro, that is 12,5 percent based on 800 euro. That completes only one arithmetic operation. Even an amount below an assumed capping limit can be above the relevant comparative rent; earlier increases and exceptions must also be placed within the appropriate period.
If the demand is received in October, in the normal course under § 558b the start of the third following calendar month is 1 January. That does not yet confirm the entitlement. At the end of your preparation there are rather three results: correct route of increase, comprehensible factual examination and a deliberately planned next step within the relevant deadlines.