Object to rent increase

Which formal requirements the rent increase must meet

No landlord is allowed to die for no reason rent to increase. The landlord must notify the rent increase in writing. However, it only becomes legally effective if all formal requirements have been complied with. The most important requirements include:

• Will rental contract signed, must also issue the rent increase letter. If there are several people, they must both sign. If he engages a third party (e.g. B. the property management), he must enclose a written legitimation (power of attorney).
• The rent increase must appeal to all tenants. Have z. B. Both spouses sign the lease, the letter must also be addressed to both of them.
• The occasion or The reason for the rent increase must be stated in detail. The date of issue, the start and the correct amount of the rent increase must not be missing.
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• The landlord must state in the rent increase letter by when the tenant should give his consent to the payment of the rent increase.


Rent increase per year - you should consider that as a tenant

If the landlord wants to enforce a rent increase, he has to meet some legal requirements ...

Tenants have a right of objection

• If you receive a rent increase, you should examine it carefully. If there is a lack of one or more facts that must be complied with as a formal requirement for a rent increase, there is a serious formal error and you can file an objection within the approval period.
• Since the rent increase is only binding once the tenant has given its consent, you are entitled to a consideration period (according to BGB § 558) of 2-3 months. The beginning of the period is the month in which you received the rent increase and the period is the two following months. Your objection must be received by the landlord within this period.
• If there is a new letter, it must also contain all points correctly. If the landlord has made a formal error again, the period for consideration and thus the objection period begins again according to the date of receipt of the letter. The result: You can again file an objection and reject the rent increase.

Rent increase: when and how to file an objection

In addition to the formal requirements, there are a number of other options that entitle the tenant to object to a rent increase. Please note, however, that your objection is also admissible and correct. Here are some notes:

• If your landlord disregarded the maximum amount allowed for a rent increase in his letter, an objection is permissible. Because he is allowed to increase the rent by a maximum of 20 percent within 3 years (except for modernizations and for which he is not responsible extra costs).
• The rent increase may take place at the earliest 15 months from the moving-in date or the last rent increase. You can refuse premature requests for increases.
• Every rent increase must be understandable for the tenant. The landlord must therefore state in his justification exactly what he is referring to (e.g. B. Rent index, a database, current appraisal, at least three really similar comparative apartments, which are correspondingly expensive).
• If the landlord sends a rent increase for modernization, the structural work must actually have been carried out and the practical value of the apartment must have improved (e.g. B. Energy savings). However, if the landlord wants to add the construction costs to the rent by more than 11 percent per year, you can file an objection.
• An objection to a rent increase is also permissible if a fixed rent for a certain period or a graduated or Index rent was agreed. Since the respective dates for the rent increase were already fixed when the contract was concluded, you are also bound by them and only have to pay the agreed amounts on time.
• In the objection letter, please note the essential formal requirements that also apply to the landlord, such as B. Sender and signature of all tenants according to the rental agreement, correct address, exact designation / address of the landlord, etc.
• In the contradiction, state the date of the rent increase and mention the amount of the increase. For example: "I / we cannot agree to your rent increase from... to an increase in the rent from 500 EUR to 590 EUR."
• Justify your objection. Share the facts that cause you not to accept the rent increase. Example: "Unfortunately, the three comparative apartments you specified in the rent increase do not correspond to my apartment at all because These are expensive suburban villas with front gardens, the rent level of which is far above the old building rents valid for my district. In addition, my apartment has no balcony, terrace or garden. "
• You can also file a partial objection. Then tell the landlord the reason for this. Example: “The rent index shows a comparative rent of EUR 5.50 / sqm. The local rent would then amount to EUR 555. I therefore agree to a rent increase up to the permissible local comparative rent according to the applicable rent index - this concerns a rent increase to 555 EUR. "