Check Index Rent: Tenant Rights in Germany

As an existing tenant in Germany, it is important to understand index rent and your rights in rent increases. This text explains in plain language how index rent clauses work, when landlords must justify an increase and which deadlines apply for written notices. You will learn which documents are useful, how to check standard wordings and when going to the local court is advisable. If necessary, we show steps for objection and preparing a lawsuit as well as practical examples of which documents you should collect. The guidance helps you make decisions more confidently and review unclear demands in a structured way. We also show which official provisions of the BGB are relevant and how to prove deadlines in writing.

What is index rent?

With index rent, the rent is linked to the consumer price index. This allows the rent amount to rise according to inflation if contractually agreed. For existing tenants this means: check whether the lease contains a clear index clause and how it is calculated (^[1]).

Check index rent — step by step

• Check the clause and accompanying forms in the lease
• Understand the calculation period and deadlines
• Collect evidence: bank statements, landlord letters and calculation documents

Forms and justification

There is no nationwide standard form for index rent increases, but landlords must justify the increase in writing and disclose the calculation. Check the landlord's presentation carefully and compare the index values used with official sources (^[1]).

Deadlines and evidence

Many steps are subject to contractual or legal deadlines. Note receipt and dispatch dates of letters, check deadlines in the lease and document appointments and phone calls. The Code of Civil Procedure is relevant for court actions (^[2]).

• Check deadlines for objection and response
• Provide correspondence and calculation forms as proof
• Collect documents chronologically and number them

If it goes to court

If no agreement is reached, the local court (Amtsgericht) is the first instance for tenancy disputes; higher instances are the regional court and ultimately the Federal Court of Justice for precedent questions (^[2][3]).

FAQ

What is index rent and how do I recognize it in the contract?

Index rent is a contractual agreement that links rent increases to the consumer price index; the contract usually contains a formula or a reference to the index used.

Can the landlord demand index rent without justification?

No. A rent increase must be justified in writing and the calculation must be disclosed; otherwise you should object to the increase.

What deadline do I have to object?

Deadlines can be regulated in the lease or by law; respond in writing as promptly as possible and document it.

How-To

1. First check the lease, index clause and any attached forms.
2. Compare the landlord's calculation with official index values and recalculate the increase.
3. Gather evidence: bank statements, letters, calculations and photos.
4. Draft a written objection or query and send it in a verifiable way.
5. If necessary, prepare a lawsuit or seek legal advice for court proceedings.

Key Takeaways

• Read the index clause carefully and recalculate any increase.
• Document deadlines and collect all supporting documents.

Help and Support / Resources

• [1] Civil Code (BGB) — gesetze-im-internet.de
• [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• [3] Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de