Requests to increase rent: You must know these deadlines

A landlord is entitled to increase the rent within the legal requirements. Such a rent increase request comes with certain deadlines for tenants and landlords. In this practical tip, we will explain what these are.

Deadlines in the event of a rent increase request for the customary comparative rent

There are different deadlines in relation to a rent increase request, which both landlord and tenant must know and adhere to. One of these is the deadline for requests to increase the rent compared to the local rent.

• Here the landlord can adjust the rental costs if the regional housing market has changed.
• In this case, the landlord must inform you in writing of the rent increase and the reason.
• You then have two months to agree or disagree.
• If you agree, you have to pay the higher rent after two months. If you reject the increase, the landlord can sue you for consent within three months of the expiry of your approval period.
• After a rent increase, the landlord has a blocking period of 12 months. The rental price must therefore remain the same for at least one year.
• If the rent increase is justified, you have a special right to terminate. To do this, you must submit your tenancy notice to the landlord within three months at the latest by the end of the second month. The deadline here is therefore the termination within three months of receiving the request for the increase.

Deadlines for rent increases for index and graduated rent

In the case of an index rent, you agreed this with the landlord before moving in. The rental price here is based on the consumer price index. This is regularly determined by the Federal Statistical Office.

• If the index increases, your landlord can request a rent increase. However, he may only increase the rent once a year.
• The 12-month blocking period also applies here. In addition, the higher rent only applies from the month after next after notification.
• In the case of an agreement for a graduated rent in the rental agreement, your rent can increase regularly by a certain percentage.
• However, the 12-month blocking period after a rent increase also applies here, during which no further rent increase may take place.

Deadlines for rent increases due to modernization

If your landlord wants to carry out modernization measures in your house or apartment, he must inform you at least three months in advance about the type, duration and time of the renovation work and about the subsequently higher rent.

• If you are affected by the renovation measures in the use of the apartment, you may be able to request a rent reduction for the time.
• You have the right to object to the increase in rent after modernization from a so-called hardship objection. For example, if you are financially unable to bear the increased rental costs.
• To do this, you must lodge an objection by the end of the following month after the landlord has informed you of the rent increase.
• If the increased rent is legal, you have to pay the higher rent three months after notification of the rent increase request.
• In this case, too, you have the right to terminate the contract within three months of the announcement of the rent increase. Your notice of termination must reach the landlord at least by the end of the second month.