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The tenant can increase the rent to the local rent, at the latest 15 calendar months after moving in or after the last rent increase. The price premium may not exceed 20 percentage points within three years. In many major cities, homeowners can only increase rents by 15 percentage points within three years (cap limit).
The basis for a rent increase is always the current usable space. Under certain conditions, the owners can offset the modernization costs against the rents. If the lessee does not agree to the rent increase, he can refuse his consent. The landlord must then sue for approval.
If you disagree with a rent increase that you have not checked
Check your rent increase using our benchmark. I am sure that the next rent increases will come. Many contracts have a term of decades, and the landlord can change the rental price if the rental prices change over time in an area or if he has modernized the apartment.
The new rent indexation often prompts the owners to ask the rent prices to the local comparative rental pricing. However, you may not make an unlimited contribution without further ado. In addition, as a tenant, you should pay attention to a few things. The landlord can increase the lease at the local tariff. The average rent paid for a comparable apartment in this area over the past four years is common in the region.
Net rent – If the rent is increased, the owner must use the net rent as a basis. Some landlords ask for a monthly price for cosmetic repairs in addition to the net rent and the prepayment of additional costs. If the landlord wants to raise the local rent difference, this surcharge has to be added to the net rent, the regional court in Stuttgart has decided.
The landlord must notify the rent increase in writing
In this way, he can assign the client an mail or an email. Any increase must be justified. Reason with rent index – the city and municipality regularly use surveys to determine how high the current average rent is in the individual districts.
As a rule, the tenant adopts the top-up rent index in each case. For the rent increase, Berlin tenants can refer to the 2017 rent index. However, the house owner cannot justify the increase with the lease index of the neighboring municipality if there is no lease index in his municipality. For this formal reason alone, the landlord can wrongly charge more rents.
After that, the landlord can justify the rent increase by naming three comparable apartments that have already cost what he wants.
Even in the big cities where there is a rent index
The landlord can understand the rent increase with three comparable apartments. When naming the comparative apartments, it must be ensured that the user can find them again without major problems.
In this way, the user can ask comparable users about the facility and the price per square meter. The actual living space size is decisive – If the living space size in the lease agreement is too large or too small, the tenant can only increase the lease based on the actual size up to the local comparative rent. Compliance with the applicable upper limits is binding for the landlord.