A letter requests information about a rented flat for a qualified rent index (Mietspiegel). The file contains the original contract, later rent changes and an account statement showing a total amount. Whoever now transfers only the last incoming payment can provide an incorrect rent statement. The concrete task is to provide a correct survey response for the selected flat.
First establish who is carrying out which survey
Article 238 § 2 EGBGB obliges, when preparing a qualified rent index and adjusting it by sampling, to provide certain information on request. Paragraph 1 concerns owners and tenants regarding rental status and flat address; paragraph 2 names landlords and tenants for further characteristics. The obligation can, according to paragraph 3, also exist vis‑à‑vis commissioned bodies. [PFLICHT]
Our recommendation: Check the named survey and the service provider against the official website of the competent authority, accessed independently. An institute name instead of an authority name does not automatically make the request non‑binding. Conversely, an external logo does not prove a commission. Note the specific flat, identifier, deadline for response and the intended return route. The local request must actually be checked; this article does not state a nationwide uniform response deadline.
A limited practical example is provided by Berlin: In its communication of 20 August 2025 the Senate Administration named the commissioned ALP Institute and described the then survey from September to December 2025. Landlords were surveyed in writing or online. [BEISPIEL] This documents that historical course, not an open current Berlin survey period and not responsibility for other municipalities.
Assemble the requested characteristics from the file
Article 238 § 2 paragraph 2 distinguishes survey characteristics and auxiliary characteristics. The requested factual information includes, among other things, start of tenancy, last rent increase with the specified exception for § 560 BGB, rent amount and type of rent, rent binding, flat characteristics including energy condition and special reasons for a rent reduction. Addresses and names are designated separately. [PFLICHT]
For each question, place the required reference date and the appropriate evidence beside it. Use the definitions of the specific survey: present equipment can differ from the condition on the requested reference date. An unknown characteristic is neither automatically “no” nor the most favourable table category. Clarify the intended response for missing information with the survey authority before inventing a value.
Fictitious case: total payment and last increase do not fit the question field
A landlord is to report the status as at 1 May 2026 in a fictitious survey. The rent account shows €1.090 monthly. However, the documents separate €950 net cold rent and €140 advance payment for operating costs. The net cold rent has applied since an increase from 1 November 2024. A further base rent change to €980 was agreed as at 1 July 2026. Since January 2026 the advance payment for operating costs had also been increased from €120 to €140.
The landlord makes the following allocation before completing the questionnaire:
- Net cold rent on 1 May – Evidence used: contractual and amendment status in force on that date; result in the fictitious case: €950; the incoming payment of €1.090 is not a substitute value
- Last relevant rent change – Evidence used: dated amendment letters separated by type of change; result in the fictitious case: 1 November 2024 for the base rent increase queried in the example up to the reference date; neither the later July change nor the mere advance payment change replaces this date
- Energy equipment on the reference date – Evidence used: appropriate property documents and the actual condition at that time; result in the fictitious case: no transfer of equipment only installed later
The figures are invented. Which specific question field requires which point in time results from the actual survey. This method does not alter a contractual rent and does not replace a review of a rent increase. It prevents mixing up account turnover, amendment date and survey characteristic.
Provide the requested dataset and remain reachable for follow‑up questions
Article 238 § 3 limits processing to the necessary scope. It governs, among other things, the early separation of auxiliary characteristics as well as their separate processing and deletion under the stated conditions; the same applies accordingly to commissioned bodies. [DATEN] This does not imply a blanket promise that all data will be destroyed immediately after sending.
Our recommendation is therefore to provide the requested information in the confirmed procedure. Do not proactively send full bank statements, identity document copies or the entire tenancy file. If an additional proof is requested, clarify its precise scope and the appropriate method of transmission. Record the response given with the reference dwelling, date and the proofs used in a traceable manner. If you discover an error, use the confirmed correction contact with reference to the original identifier, rather than sending a contradictory second report without explanation.
The request should not be ignored: Article 238 § 4 also covers negligently omitted, late, false or incomplete information; a fine of up to 5.000 euros is possible. [FOLGEN] This is not an automatic sanction in every unclear individual case. In case of dispute about obligation, scope or deadline you should obtain suitable expert clarification in good time. The outcome of this task is a verifiable dataset for the specific survey – not your own rent index table and not a new rent claim.