In the case of a rent increase, tenants do not always have to agree, because there are strict requirements and landlords must be able to justify higher prices – even in court.
Munich – It is an integral and important part of life – the home. Many also associate real milestones with it, such as their first own apartment or the room in which they lived during their training or studies. An apartment is more than just rooms. However, this important part is inextricably linked to income and rents are becoming more and more expensive. But what if the rent is to be increased? What rights and obligations tenants and landlords have.
+If a landlord wants to increase the rent, there are deadlines and rules that must be followed.
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Rent increase: What landlords need to pay attention to if they want to increase the rent
If the landlord wants to increase the costs for tenants, there are strict requirements in the Civil Basic Code (BGB) that must be taken into account. The following is stated in §558 on rent increases:
- If the rent has not been increased for 15 months and is below the comparable, local rent, the landlord may request the tenant's consent. However, only if the last increase was at least one year ago.
- If the rent is increased, it may not increase by more than 20 percent within three years. If there is no supply of rental housing on reasonable terms in the area, it is allowed to increase by 15 percent.
The respective state government is empowered to define these areas for five years. The trend on the housing market in many places is already a rental price of over 30 euros per square metre. The high prices often lead to the fact that even a third of the income is no longer sufficient for rent.
In the event of a rent increase, there are deadlines that tenants and landlords must adhere to
Even if a rent increase is legal, there are still deadlines for landlords that must be met. Tenants are given time to consider whether or not to agree to the higher rent. If the landlord announces a rent increase, the tenant has two months to decide whether to accept the increase.
If the landlord agrees to the rent increase, the new, higher rent will be paid at the beginning of the third month after the landlord's announcement. In short, if the landlord announces a rent increase, it is usually paid three months later. If the reflection period is missed, the landlord can sue for approval of the rent increase.
If tenants and landlords do not agree on a rent increase, the court decides
But tenants are not obliged to agree to the rent increase. If tenants do not agree or only partially agree, the last legally agreed rent amount remains valid, the portal informs deutschesmietrecht.de. The only way for the landlord to increase the rent is to sue the district court for approval.
If there is no agreement between tenant and landlord, there will be a process. In this, the burden of proof is decisive, as reported by the Berlin Tenants' Association. The landlord must be able to prove that the rent increase is justified. If the landlord is right, the rent will be increased. However, if the tenant is right, the judgment of other tenants could also be useful, because it is usually assumed that a court will decide the same again in a comparable case.
Higher rents are not only demanded by landlords, researchers are also making a radical proposal that affects pensioners in particular. It becomes particularly curious when landlords are punished for their low rents, as in Munich last year. (Kiba)
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