Check Indexed Rent: Practical Guide for Tenants Germany

As a tenant in Germany, you should be prepared when your landlord announces an indexed rent increase. This guide explains in clear language what points you should check, how to collect evidence and which deadlines apply so you can effectively use your rights under tenancy law. We show which legal bases are relevant, when a letter to the landlord makes sense and how proceedings at the local court proceed^[1][2]. You will receive practical advice on official forms and sample texts so you can document claims and be well prepared in case of a dispute.

What is indexed rent and when does it apply?

Indexed rent ties the rent to a price index such as the consumer price index. An increase is only effective if the tenancy agreement contains an index clause and the landlord calculates the adjustment correctly and notifies it in writing. Check the contract clause carefully, compare the calculation with official index values and request a transparent breakdown from the landlord.

Check in four steps

1. Read the index clause in the tenancy agreement carefully and note wording and calculation bases.
2. Request the exact calculation from the landlord in writing and save all responses and documents.
3. Check the condition of the flat in parallel; defects can justify a rent reduction.
4. Observe deadlines for responses: written objections should be submitted promptly, ideally within two weeks.

Which forms and templates exist?

Use official templates for letters to the landlord such as a reasoned objection letter or a request for information. State date, calculation error and request a detailed breakdown. If necessary, prepare a sample letter for filing a claim.^[4]

Common mistakes to avoid

• Failing to document communication with the landlord.
• Missing deadlines or not confirming verbal agreements in writing.
• Ignoring defects instead of reporting and documenting them.

FAQ

Can I reject an indexed rent increase?

Yes, if the adjustment is not contractually agreed or the calculation is faulty, you can file an objection and, if necessary, take legal action.

Who decides disputes about indexed rent?

Disputes are usually decided in the first instance by the local court (Amtsgericht); higher instances are regional courts and the Federal Court of Justice for issues of general importance.^[3]

Which statutory rules apply to tenants?

Key rules are contained in the German Civil Code (BGB) §§ 535–580a; procedural rules are in the Code of Civil Procedure (ZPO).

How-To

1. Write to the landlord in writing and request the complete calculation of the index adjustment.
2. Collect payment receipts, photos of defects and all communication records.
3. Set a reasonable deadline for remedy or information (e.g. 14 days) and document the deadline setting.
4. If the landlord does not provide the information, prepare – with template letters and evidence – a claim at the local court.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection
• Laws on the Internet (BGB, ZPO)
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice — bundesgerichtshof.de
4. [4] Federal Ministry of Justice and Consumer Protection — bmj.de