Germany: check your rent, the checklist
Is the rent allowed when you move in, and how do you respond to a rent increase? The steps and deadlines, in order.
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Time: a few hours, plus the deadlines from receipt
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When you move in
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The state government designates these areas by ordinance; it may last until December 31, 2029 at most (BGB § 556d para. 2).
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Municipalities with more than 50,000 inhabitants must draw up and publish a rent index (BGB § 558c para. 4).
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The rent brake calculator shows the maximum rent and the amount that may be too much (BGB § 556d para. 1).
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The landlord must inform you before you make your declaration to enter the lease; otherwise he cannot rely on it at first (BGB § 556g para. 1a).
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As far as they are not generally accessible and the landlord can easily provide them; all statements need text form (BGB § 556g paras. 3 and 4).
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Only if you object do you get excess rent back: from the start of the lease if you object within 30 months of its start, later only from receipt of the objection (BGB § 556g para. 2).
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He must return it under the rules on unjust enrichment (BGB § 556g para. 1).
Checking a rent increase
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Text form means a readable statement on a durable medium naming the sender; a letter or an email is enough (BGB §§ 558a and 126b).
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With a rent index that gives ranges, a requested rent within the range is enough (BGB § 558a paras. 2 and 4).
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The rent increase calculator gives the earliest month in which the request may arrive (BGB § 558 para. 1).
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The landlord may ask for no more than the local comparable rent (BGB § 558 paras. 1 and 2).
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Increases after modernization and for utility costs do not count (BGB § 558 para. 3).
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With a graduated rent, increases under §§ 558 to 559b are excluded, with an index-linked rent those under § 558 (BGB §§ 557a and 557b).
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8% of the costs a year, at most €3 (€2) per m² in six years; the statement must calculate and explain the increase (BGB §§ 559 and 559b).
Replying and deadlines
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Received in October: consent by December 31; the higher rent applies from January 1 (BGB § 558b).
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As far as you consent, you owe the higher rent; if you refuse, the landlord may sue (BGB § 558b).
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Even with consent you do not owe it earlier (BGB § 558b para. 1).
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Until the end of the second month after receipt, effective at the end of the month after next; the increase then does not take effect (BGB § 561).
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He must bring the action within three further months after the consent period ends (BGB § 558b para. 2).
Rent checked
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Good to know
- The list applies to rented housing. Commercial premises and other contracts have their own rules.
- The deadlines start with receipt of the letter: note the date it reached you and keep the envelope.
- Whether your municipality is in an area with a rent brake or with a 15% cap is set in the ordinances of your state; they change and run for a limited time.
- The calculators and the list apply to the net rent excluding utilities: utility costs and their adjustment follow their own rules (BGB § 560).
- This is not legal advice. In a dispute a tenants’ association, the consumer advice center or a tenancy lawyer can help.
Frequently asked questions
How long do I have to consent to a rent increase?
Until the end of the second calendar month after the request is received (BGB § 558b para. 2). Received in October: until December 31.
Can I terminate after a rent increase?
Yes, extraordinarily: until the end of the second month after receipt, effective at the end of the month after next. The increase then does not take effect (BGB § 561).
How much can the rent rise in three years?
At most 20 percent, 15 percent in municipalities with a special ordinance, and not above the local comparable rent; increases after modernization and for utility costs do not count (BGB § 558).
When do I get excess rent back?
If you objected to the breach of the rent brake in text form: from the start of the lease if you objected within 30 months, otherwise from receipt of the objection (BGB § 556g para. 2).
What is text form?
A readable statement on a durable medium naming the person making it, such as a letter or an email; no signature is needed (BGB § 126b).
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
- The calculatorGermany rent brake calculator
- The calculatorGermany rent increase calculator
- The guideGermany: rent brake and rent increases, what is allowed
Sources
- BGB § 556d: permitted rent at the start of the lease (in German)
- BGB § 556g: legal consequences, objection and information on the rent (in German)
- BGB § 558: rent increase up to the local comparable rent (in German)
- BGB § 558a: form and justification of the rent increase (in German)
- BGB § 558b: consent to the rent increase (in German)
- BGB § 558c: rent index (in German)
- BGB § 559: rent increase after modernization (in German)
- BGB § 561: tenant’s special right of termination after a rent increase (in German)
- BGB § 126b: text form (in German)
In a dispute with the landlord, a tenants’ association, the consumer advice center or a tenancy lawyer are the first people to ask.