Support with rent increase demands
Rent increases for residential premises are subject to strict formal and substantive requirements. We assist landlords in preparing and substantiating rent increase demands and check for tenants whether a demand is justified.
The key points at a glance
Increase to the local comparative rent
The landlord may request consent to an increase up to the local comparative rent if the rent has remained unchanged for 15 months (§ 558 BGB). The request may be made no earlier than one year after the last increase. Increases due to modernisation or higher operating costs are disregarded for this purpose.
Rent increase cap
Within three years, the rent may only rise by a percentage limited by law. In tight housing markets such as Munich, this rent increase cap is lowered.
Form and justification
The request must be made in text form and substantiated, for example by reference to a rent index, an expert report or comparable flats. Where a qualified rent index exists, as in Munich, its figures must be stated in the rent increase request.
Consent and legal action
The tenant has until the end of the second calendar month after receipt to decide whether to consent. If the tenant does not consent, the landlord may bring an action for consent within a further time limit. Special rules also apply to rent increases following modernisation and to stepped and index-linked rents.
How we proceed
We review the tenancy agreement, the rent history and the classification of the flat under the rent index.
For landlords, we prepare a rent increase request that is sound in form and substance. For tenants, we check form, deadlines and calculation.
We advise on full or partial consent, negotiate and, if necessary, represent you in proceedings for consent.
Frequently asked questions
Do I as a tenant have to agree to a rent increase?
If the request is formally valid and the rent demanded does not exceed the local comparative rent or the rent increase cap, you are obliged to consent. Whether this is the case should be examined in each individual case.
How is the flat classified under the rent index?
The decisive factors include, in particular, floor area, year of construction, fittings, condition and location. The Munich rent index works with surcharges and deductions for individual features, the assessment of which is frequently disputed.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich