Adjust Index Rent Correctly – Tenants Germany
Index Rent and Your Rights
Index rent means that the rent is linked to the consumer price index. In Germany, general provisions of tenancy law regulate your rights and duties; the relevant provisions are contained in the Civil Code (Bürgerliches Gesetzbuch, BGB) in §§ 535–580a.[1] For an index-based adjustment, the landlord must disclose the calculation and state the date of the change.
How is the adjustment calculated?
The adjustment is based on the increase or decrease of the consumer price index. The landlord must demonstrate in a comprehensible way how they moved from a base index to the current index and how the new rent results from that.
When should you object?
Object in writing if the calculation is not comprehensible, there are formal errors, or the index clause is missing from the contract. Specify exactly which numbers or calculation steps are missing and demand a corrected statement.
FAQ
- What is index rent?
- Index rent is a contractual agreement where the rent changes according to the consumer price index.
- What deadlines apply for objections?
- There are no specific statutory objection deadlines for index adjustments; however, respond within weeks, ideally within 14–30 days, and document your steps.
- Where can I turn for help?
- In disputes, the local court (Amtsgericht) is primarily competent and, if necessary, the regional court (Landgericht); for legal certainty you can use official authorities and consumer information.[2]
How-To
- Check the index clause in your lease and note the base period.
- Request a detailed calculation and the underlying index document from the landlord in writing.
- Collect evidence: rent payments, utility statements and all communications about the adjustment.
- Observe deadlines: respond promptly and set the landlord a deadline to correct the calculation, e.g. 14 days.
- If necessary, prepare a claim or clarification before the local court; consult official forms and templates if in doubt.[3]
Help and Support / Resources
- Laws in the Internet: Civil Code (BGB)
- Federal Ministry of Justice and Consumer Protection (BMJV) – Forms
- Federal Court of Justice (BGH) – Rulings on Tenancy Law