Template: rent increase (comparative rent)
Justify a rent increase up to the local comparative rent correctly (§ 558 BGB).
With the rent-increase request, the landlord asks for the tenant's consent to an increase up to the local comparative rent. It must be justified in text form and is subject to waiting periods and the capping limit (§ 558 BGB).
How the template is structured
Header data
- Landlord and tenant
- Property and unit
- Date of the increase request
Current and new rent
- Current net cold rent
- Requested new net cold rent
- Increase amount and effective date
Justification
- Reference to rent index, comparable flats or an expert opinion
- Placement of the flat within the comparative rent
Deadlines and limits
- Waiting period: rent unchanged for at least 15 months
- Capping limit 20 % (15 % in strained markets) over three years
- The tenant's period to consent
Legal framework
- § 558 BGB — increase up to the local comparative rent; capping limit 20 %, 15 % in strained markets over three years.
- The rent must have been unchanged for at least 15 months when the increase takes effect.
- § 558a BGB — the request must be declared and justified in text form.
- If the tenant does not consent, an action for consent is possible; § 558 does not apply to index or step rents.
Frequently asked questions
How much can the rent rise?+
Up to the local comparative rent and by at most 20 % — 15 % in strained housing markets — within three years (capping limit).
What waiting period applies?+
The rent must have been unchanged for at least 15 months when the increase takes effect.
How must it be justified?+
Admissible in particular are the local rent index, three comparable flats or an expert opinion (§ 558a BGB).
What applies to index or step rents?+
If an index or step rent is agreed, the increase follows that agreement; § 558 BGB then does not apply.
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This template is a non-binding guide and does not constitute legal or tax advice.