Apply Rent Index: Tenant Guide for Germany

As a tenant in Germany you want to understand how the rent index works and how it can affect your rent. This guide explains step by step how to read the rent index, select suitable comparison apartments and calculate examples so that you are prepared for rent increases or negotiations. We describe practical checks, which documents are important, how to observe deadlines and formal requirements and when it makes sense to involve the local court. The aim is to give you clear action steps so that you know your rights, document handovers and defects and can communicate with the landlord on a sound basis. We also show which official forms exist, how to use the sample termination letter of the BMJ and which authority is responsible.

Understanding and Applying the Rent Index

The rent index is a statistical orientation aid for local customary rents. It is based on surveys and provides a guideline for assessing rent increases; the legal basis can be found in §§ 535–580a of the BGB.^[1]

When does the rent index help?

• To review rent increases with the landlord.
• When comparing with similar apartments in terms of location, size and amenities.
• To assess whether a rent reduction due to defects is appropriate.

Practical Example: Applying the Rent Index

Example: Your apartment (60 m², 2 rooms, built in 1975, medium standard) shows 8.50 €/m² in the rent index. Your current rent is 10.00 €/m². Calculate the comparative rent: 60 m² × 8.50 € = 510 € as the customary local rent. Document the equipment and defects, note comparable apartments and create a simple table with evidence.

1. Collect three comparison apartments with address, size, year built and rent price.
2. Calculate the comparative rents per m² and the average value.
3. Compare equipment and location, note deviations.
4. Write a short, factual statement to the landlord with your calculation.

Official Forms

• Termination letter (sample of the Federal Ministry of Justice) — Use: draft a termination in the correct form; example: you terminate a sublease in due time and use a sample to avoid formal errors.^[4]
• Application for eviction / court forms — Use: filed by the landlord when an eviction lawsuit is necessary; example: if an eviction order exists, the local court informs about the further procedure.^[3]
• Review of operating costs accounting (BetrKV) — Use: check the invoice for formal correctness; example: compare individual items of the service charges with the regulation and request an explanation if there are discrepancies.^[2]

How-To

1. Retrieve the rent index: use the current local edition from your city or municipality.
2. Collect documents: lease, invoices, photos of defects, comparable offers.
3. Perform calculation: compute comparative rent per m² and document deviations.
4. Respond in writing: keep language factual and state deadlines.
5. Judicial steps: only after careful review and possibly legal advice consider the local court.^[3]

FAQ

What is a rent index?

A rent index is a statistical overview of customary local rents for different apartment types in a municipality.

How do I use the rent index for a rent increase?

Compare your current rent with the rent index value, document differences and respond in writing; if necessary, refer to the relevant sections of the BGB.^[1]

When should I involve the local court?

The local court is competent if an amicable solution fails and judicial clarification on rent increase, termination or eviction is required.^[3]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Justice portal — information on courts
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Betriebskostenverordnung (BetrKV) — Gesetze im Internet
3. [3] Information on local courts and jurisdictions — Justizportal
4. [4] Federal Ministry of Justice and Consumer Protection — official information and samples