Check Index Rent: Tenants in Germany Guide
Many tenants in Germany face the question of how an index rent works and whether an adjustment calculated by the landlord is correct. This text explains in plain language how you as a tenant read index clauses, identify base and comparison indices, perform your own calculations and respond within deadlines. You will get concrete calculation examples, tips on required evidence and the most important official forms and courts for disputes. The goal is that you can perform checks yourself and know when to gather documents, submit a form or act before the local court.
What is index rent?
Index rent means that the rent changes automatically with a price index, usually the consumer price index. The contract wording, the index used and the calculation formula are decisive. Read the clause carefully: does it state "consumer price index" or a specific base period? Check whether adjustments are based on index changes or percentage steps. Mention the BGB as the legal basis for tenancy obligations.[1]
How to check an index clause
Check systematically whether the adjustment is correct: first read the clause, then note the base period and base index value. Determine the indexed factor between the base date and adjustment date and apply it to the base rent. Compare the result with the landlord's notice. Collect the evidence and a copy of the original clause for your records.
- Read clause / form: Note the exact wording of the index clause.
- rent calculate: Determine base rent and index values, then compute the new rent.
- collect evidence: Save letters, receipts and tables as proof.
- contact help: Contact the local court's legal information or an official advisory service if unclear.
Example calculation
Example: base rent 700 EUR, base index 100, current index 105. New rent = 700 * (105/100) = 735 EUR. Check whether the landlord used the same base value and whether rounding is correct. Watch out for substantive errors like wrong base periods or double index application.
Forms and courts
For disputes and formal steps these bodies and procedures are important: If you file a lawsuit, it generally proceeds at the local court; appeals go to the regional court, and the Federal Court of Justice can set precedents.[2][3] Procedural rules of the ZPO apply to claims.
Which documents do you need?
- evidence: Copy of the lease with the index clause and all rent increase notices.
- rent: List of paid rents with proof of payment.
- forms: If necessary, lawsuit form or payment order (Mahnbescheid) for monetary claims.
FAQ
- Can the landlord change the index rent unilaterally?
- No, index rent must be agreed in the contract; unilateral change is not possible without contractual basis.
- How quickly must I react if I suspect errors?
- Check the notice immediately and collect evidence; if in doubt, document within weeks and seek legal advice.
- Who decides disputes about index calculations?
- The local court decides in first instance; in special cases higher courts like the regional court or the Federal Court of Justice clarify legal questions.
How-To
- Check clause: Read the index clause in the lease carefully and note the base period and base index.
- Calculate rent: Determine the base and current index values and compute the new rent.
- Collect evidence: Gather all relevant documents and create a tabular overview.
- Seek advice: Contact the local court or an official advisory service if discrepancies arise.
- File forms: Submit necessary forms such as lawsuit or payment order on time if no agreement is possible.
Key Takeaways
- Read the clause carefully because contract wording determines the calculation.
- Evidence and a clear table simplify later proceedings.
- An example calculation reveals obvious errors quickly.
Help and Support / Resources
- BGB §535: Duties of the landlord
- Civil Procedure Code (ZPO) - Procedures
- Federal Court of Justice (BGH) - Decisions
