Check Index Rent: Tenant Rights in Germany 2025

As a tenant in Germany, you should know how index rent works and what rights you have when rent is linked to a price index. This text explains clearly the legal basis in the BGB, typical contract clauses, and when an index adjustment is permissible or contestable. You will receive practical tips on deadlines, documentation of payments, and how to use official forms correctly. I also describe which courts are competent and when you should consider legal advice or an out-of-court settlement. The goal is that you can check a rising index rent, spot errors, and protect your tenant interests strategically. I also name official forms, such as sample termination letters, and point to the competent local court and the relevant statutes.

What is index rent?

With index rent, the monthly rent is linked to a price index (commonly the consumer price index); the landlord can adjust rent at fixed intervals according to the index. The legal limits arise from tenancy law provisions in the BGB and the specific contractual clause.^[1]

Check your lease

The specific clause determines how often and from when adjustments are possible. Pay attention to the wording, the start of the adjustment period, and whether adjustments are tied to contractual deadlines.

• Check deadlines (deadlines): When is the next adjustment due and what is the calculation base?
• Document payments (rent): Keep receipts and bank statements carefully.
• Repairs and habitability (repair): Check whether defects could affect the adjustment.
• Compare wording (form): Does the clause comply with legal requirements?

When can you object or sue?

If the calculation is incorrect or the clause appears invalid, tenants can object in writing and, if necessary, consider legal action. Civil procedure rules and deadlines follow the ZPO.^[2] Precedent decisions of the BGH can be decisive in legal questions.^[3]

Practical tenancy law: common problems

Typical issues are formal calculation errors, wrong index base, or missing evidence. Check the landlord's calculation examples carefully and request a detailed breakdown if unclear.

• Request documents (evidence): Ask the landlord in writing for the calculation basis.
• Contact first (call): Try discussion before submitting a formal objection.
• Court clarification (court): If necessary, the case goes to the local court (Amtsgericht).

FAQ

What is the difference between index rent and graduated rent?

Index rent follows a price index; graduated rent (Staffelmiete) sets fixed increases and dates in the contract.

When is an index rent clause invalid?

A clause is invalid if it unreasonably disadvantages the tenant or lacks a clear calculation basis.

Which court handles disputes?

Usually the local court (Amtsgericht) is competent; appeals go to the regional court (Landgericht) and possibly the BGH.

How-To

1. Step 1: Check the lease (deadlines) — Read the index clause carefully and note deadlines.
2. Step 2: Verify calculation (evidence) — Request the numbers and index source in writing.
3. Step 3: File an objection (form) — Submit a written objection with evidence within the deadline.
4. Step 4: Seek advice (call) — Get legal help if the landlord does not respond.
5. Step 5: Prepare a lawsuit (court) — If needed, file at the local court (Amtsgericht).

Help and Support

• [1] Bürgerliches Gesetzbuch (BGB)
• [2] Information on courts and jurisdictions
• [3] Federal Court of Justice (BGH)
• [4] Federal Ministry of Justice - forms

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1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO)
3. [3] Justizportal - Courts
4. [4] Bundesgerichtshof (BGH)
5. [5] Bundesministerium der Justiz - Forms