Index Rent: Avoid Termination for Tenants in Germany

As a tenant in Germany, index rent can feel uncertain because the rent is tied to consumer price indices. This article explains in plain language how to avoid an ordinary termination, which obligations and deadlines apply, and which pieces of evidence are useful. We describe practical steps: contract review, communication with the landlord, keeping deadlines and — if necessary — how to proceed at the local court. We also show which official forms and support are available and when legal aid (PKH) may be an option. The goal is that you know your rights clearly, defuse disputes early and respond prepared in case of escalation. Read the following sections for concrete action recommendations and sample texts.

What is index rent?

With index rent the amount is linked to a price index; increases follow the index rather than a landlord decision. The legal framework for tenancy law is in the BGB, §§ 535–580a.^[1]

Why can an ordinary termination be threatened?

An ordinary termination can occur if contractual duties are breached or the landlord demonstrates a legitimate interest; disputes are decided by the local court as first instance.^[2] Common triggers are persistent rent arrears, repeated disturbances, or contract breaches.

Check your lease

• Read the index rent clause and note the calculation formula.
• Check notice periods and when they start in the contract.
• Gather payment receipts, letters and calculations as evidence.
• Speak with the landlord and document appointments in writing.

What to do about arrears from index increases?

• Check the bills and request a written breakdown of the increase.
• Arrange a payment plan if necessary and record agreements in writing.
• Do not ignore reminders; respond within the stated deadlines.

Legal steps and courts

If disputes arise, the local court has primary jurisdiction for tenancy cases; higher instances are the regional court and the Federal Court of Justice.^[3] Before filing suit review evidence, deadlines and whether legal aid is advisable.

Forms and templates

Important official forms and useful applications:

• Termination letter (template): State date, tenancy details and reason clearly; a template helps with correct wording.
• Application for legal aid (PKH): Submit when income and assets cannot cover court costs; example: apply if you must defend against an eviction case.^[4]
• Civil claim form: Filed at the local court if no agreement is possible; attach all payment receipts and correspondence.

FAQ

Can a landlord simply terminate because of index rent?

Not automatically; an index clause only regulates amount, not reasons for termination. General tenancy law rules apply.^[1]

What helps against an immediate or ordinary termination?

Pay outstanding amounts, seek dialogue, document every step and consider legal help or legal aid.

When is the local court competent?

The local court is the first instance for most tenancy disputes such as eviction claims, rent reductions and termination cases.^[2]

How-To

1. Immediately check your lease for index clauses and deadlines.
2. Collect payment proofs, letters and calculations as evidence.
3. Contact the landlord in writing and propose a solution.
4. If needed, submit forms such as the legal aid application and prepare a court file.
5. Seek legal advice or contact the local court for procedural questions.

Help and Support / Resources

• Civil Code (BGB) online
• Federal Court of Justice (BGH) – Case law
• Federal administration service portal (forms)

1. [1] Civil Code (BGB) – § 535 ff., gesetze-im-internet.de
2. [2] Information on courts and jurisdictions, justiz.de
3. [3] Federal Court of Justice – decisions and press releases
4. [4] Forms and application information, service.bund.de