Applying Rent Index for Tenants in Germany

What is the rent index?

The rent index is an overview of customary local rents, often prepared by cities or on a statutory basis. It serves to orient the appropriate rent level in the housing market and can be used as justification for or against a rent increase^[1]. The rent index does not always replace an individual assessment, but it helps to plausibly demonstrate whether a rent increase is market-related.

When can existing tenants use it as justification?

As an existing tenant you can use the rent index to check the reasonableness of a rent increase or to argue against an already imposed increase. Important situations include:

• When the landlord announces a rent increase under §558 BGB and must state the comparative rent.
• When you collect evidence about equipment features or modernizations to explain deviations from the rent index.
• Regarding deadlines: respond within the stated period to the increase or file a timely objection.

Practice: How to justify an objection to a rent increase

A factual justification strengthens your position with the landlord and possibly in court. The following points help structure your letter and your documents.

1. Check the rent index of the respective city and note the comparison values for your apartment size and construction year.
2. Compare equipment features: balcony, bathroom, fitted kitchen, condition and modernizations.
3. Calculate the deviation from the requested rent and document concrete comparison apartments (address, square meters, rent).
4. Draft a polite but firm letter to the landlord with a deadline for comment.

Forms and practical steps

For court proceedings or formal procedures there are typical forms and templates that can be found at authorities and courts. Examples and use cases:

• Termination letter / objection letter (template): Used to send a formal response to the landlord when a deadline is set or a rent increase is contested.^[3]
• Complaint at the local court (complaint form): In prolonged disputes, a complaint about the invalidity of a rent increase can be filed at the competent local court.^[2]
• Payment order / dunning notice (if payment disputes arise): Formal steps to enforce claims if payments are overdue.

FAQ

Can I use the rent index alone as evidence?

The rent index is an important indicator but often does not replace an individual case assessment; supplement it with comparable apartments and evidence.

Which deadlines must I observe if I object?

Responses or objections should be made within the deadline stated in the letter; inactivity can lead to legal disadvantages.

Where can I turn if the landlord does not respond?

You can consider filing a complaint with the competent local court or seek legal advice; in many cases mediation helps.

How-To

1. First check the current rent index of your city and note the appropriate comparison values.
2. Collect evidence: photos, listings, previous utility bills and equipment descriptions.
3. Write a reasoned response to the landlord and set a deadline for a reply.
4. If no agreement is reached, consider going to the local court or seeking advice from a public body.

Help and Support

• Gesetze im Internet — BGB
• Federal Court of Justice — Decisions
• Federal Ministry of Justice — Information

1. [1] Gesetze im Internet — BGB §§535–580a
2. [2] Bundesgerichtshof — Decisions on tenancy law
3. [3] Federal Ministry of Justice — Forms and information