Avoid Eviction After Rent Increase - Tenants Germany

As a tenant in Germany, it is important to know how a rent increase, and especially a graduated rent (Staffelmiete), can affect your risk of eviction. This practical checklist explains in plain language which deadlines, proofs and formal steps you must observe so that an eviction due to increased rent can be avoided. You will learn which statements in the landlord's letter are legally relevant, which documents you should collect and how to respond to an increase offer. The guidance is based on current German law and leads to concrete actions so you can secure your home and avoid disputes without court where possible. At the end you will find a short how-to, FAQ and links to official legal texts and sample forms. If you have already received a letter, follow the checklist step by step and document every communication.

What is a graduated rent (Staffelmiete)?

With a graduated rent, tenant and landlord agree in the rental contract on regular, predetermined increases at specified intervals. A graduated rent is permissible if it was agreed in writing and the increases are clearly named. It is decisive whether the rent increase is part of the agreed graduation or a separate increase, as this affects termination rights and deadlines under tenancy law.^[1]

Checklist: Avoid eviction after a rent increase

Use this step-by-step checklist to avoid formal errors and protect your rights as a tenant in Germany.

• Check deadlines (within: verify the deadline for objection or consent, usually a few weeks).
• Review the graduated rent in the contract (form: check whether the schedule is in writing and clearly defined).
• Collect documentation (evidence: secure all letters, payments and photos of defects).
• Calculate rent and payments (rent: check the new amount for correctness and double charges).
• Prepare a response letter (form: draft a timely response or objection, send by registered mail if needed).
• Check court deadlines and jurisdiction (court: inform yourself about eviction claims and the local court's role).

Official forms and templates

There is no mandatory federal form for a tenant's termination reply, but template letters and guidance from justice authorities help with content and format. Use official legal texts for interpretation (see footnotes) and example letters from ministries or courts for wording. A typical template is a written response or objection including date, recipient, contract details, specific objections and a deadline.

Practical example: You receive a notice of rent increase. Note the date of receipt, check your lease for graduated rent clauses and send a registered letter with your statement within the relevant deadline.

FAQ

Can the landlord evict me immediately because of a rent increase?

A rent increase alone does not automatically entitle the landlord to extraordinary termination; the termination must be legally justified and respect deadlines.^[2]

How do I check if a graduated rent is lawful?

Check whether the graduation is in writing in the contract, whether dates and amounts are clearly specified and whether a double increase has occurred.

Who do I contact if an eviction is threatened?

Contact the competent local court (Amtsgericht) and, if necessary, a legal advisor; eviction procedures follow the Code of Civil Procedure.^[3]

How-To

1. Gather documents: contract, landlord letters, payment receipts and photos.
2. Check deadlines and respond within the relevant timeframes, for example by registered mail.
3. Draft a response or objection with concrete reasons and send it with proof of delivery.
4. If unclear, have the documents legally reviewed or contact the local court.

Help and Support

• BGB: Civil Code – tenancy law texts
• Federal Court of Justice: tenancy decisions
• Federal Ministry of Justice and Consumer Protection

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1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice (BGH) decisions