Fill out our online survey tool for rent increase. Our contract lawyers will then examine your survey and the rent increase notification.
If the rent increase is unlawful, you’ll receive a wenigermiete.de protection letter to halt the rent increase. Thereby, we hire a lawyer for you and cover potential process costs.
Our contractual lawyer will fully or partially halt the rent increase. If the landlord sues, our contract lawyer will represent you in court and we’ll cover the costs.
Our contract lawyers seek for the landlord to (at least partially) take back the rent increase notification. The landlord receives an official letter, in which our lawyers politely informs the landlord why the rent increase is unlawful. In most cases, landlord then no longer insists on the rent increase, and the rent increase is halted.
If the landlord insists to increase the rent, they need to file a lawsuit to get the tenant to consent to it. If this is the case, our contract lawyers represent you in court and we cover the process expenses. You won’t carry any costly risk.
First and foremost: you only have to pay, if we successfully halt the rent increase for you. If we did, our fee will be 3x your new monthly saving (inclusive of VAT).
e.g. You receive a rent increase of more than 31,50€ per month (378€ per year). Our contingency fee would be 94,50€ (inclusive of VAT). There would be no additional costs for you. Our protection letter (Schutzbrief) terms and conditions apply.
[V]"After I received mail from immeo, it was not clear to me how I should react. Fortunately, wenigermiete.de took care of it. My rent increase was partially unjustified, so the rent increase turned out significantly smaller."
Alexander from Berlin
immeo Wohnen tenant
During an ongoing tenancy, landlords have several options to increase the rent. If the rental contract doesn’t contain stipulations on graduated rent or indexed rent, the landlord can still increase the rent to a customary local index level.
Landlords can use a rent increase notification to announce and justify a rent increase to their tenants. §558 BGB states which legal parameters the landlord has to take into account. If these parameters are violated, the rent increase might be ineffective.
The landlord needs the explicit approval of the tenant, which they need to ask for in writing. If the tenant agrees, the new rent is agreed upon. If the tenant doesn’t agree before the given deadline, the landlord can file a lawsuit to get the tenant’s approval.
The notification needs to include a statement about the reasons for the rent increase, e.g. why the increased rent corresponds with local customary rent index. The landlord can refer to the rent index (Mietspiegel), to information from a tenant database, to expertise from an authorised source, or use at least 3 comparable apartments as examples. If the landlord refers to a city’s rent index, they are obligated to state the relevant field of reference in the index and demonstrate how the apartment was classified within the rent index. It would be sufficient if the increased rent would be within the allowed rent price. If the landlord doesn’t justify their claims or doesn’t use appropriate argumentation, the rent increase might possibly be invalid.
The rent increase notification needs to be addressed to all tenants on a contract. If they are not addressed correctly by name, the landlord can cure this problem by sending another notification, including the names of all tenants. The time limit to consider does then start only after all tenants have received the correct notification.The same applies to the name of the landlord. If there’s more than one, they all need to be named in the notification. If a company is the landlord, it also needs to be named by its correct official title.
In some cases, instead of receiving the notification about a rent increase from the landlord, an appointed facility management can send it. If the tenant is unaware of this agency, and the notification contains an authorization, the tenant should have this notification examined. We recommend to upload all received documents to us for examination in any event.
The landlord is obliged to respect certain deadlines. From the moment of receiving the rent increase notification, the tenant has at least until the end of the second month to consider, whether he wants to agree or decline to the rent increase. Another formality is, that the rent shouldn’t have been adjusted or changed in anyway for at least the previous year. The only exceptions to this rule are rent increases due to modernization and rent increases due to an increase in additional operating costs.
The notification about the rent increase must contain the precise amount of the new increased rent, but not necessarily the amount by which the rent was increased. The new rent price must not exceed the local rent index limits. Also, the cap limit (Kappungsgrenze) must not be exceeded. The cap limit states that rent is not to be increased above 20% over a 3-year period. In a tense housing market situation, as it is in Berlin, Munich or Cologne and many other cities, the cap limit is 15%. If the new rent exceeds the local customary rent or the cap limit, the rent increase is still not entirely invalid. Instead, the new rent amount gets adjusted to the allowed limit and the rent increase has to be partially accepted by the tenant.
Conclusion: Tenants should get the announced rent increase examined, in any event.. From our experience, we know that many rent increases contain errors and can therefore be declined.
We are happy to answer all your questions and look forward to hear from you.
How to reach us:
phone: 030 28443300
On our FAQ page we have already summarized some questions for you.To our FAQ