Index Rent and Rent Cap: Tenant Rights in Germany

What to do now

If landlords assert index rent and a rent cap at the same time, tenants in Germany should act systematically. First check the lease and the justification for the increase, gather evidence and set deadlines for objection and payment. Legal foundations are in the BGB, and procedural rules are in the ZPO.^[1][2]

• Collect documents (evidence): lease, previous statements, payment receipts and correspondence.
• Formal review (notice): check index clauses and whether the rent cap formally applies.
• Observe deadlines (deadline): file objections within contractual or legal time limits.
• Make payments cautiously (rent): if necessary, pay the previous amount under reservation and document it.
• Court steps (court): if needed, file suit at the competent local court.

Check the lease carefully

Many index clauses are valid, others can be challenged for formal defects or lack of transparency. Pay attention to the exact wording: is an index named, is the calculation comprehensible and does the adjustment follow the agreed procedure? Note ambiguities and request a written explanation from the landlord.

Which legal rules matter?

Tenancy law in the BGB regulates landlord and tenant duties and the conditions for rent increases; disputes are often decided by the local court as first instance.^[1][3] Rules of civil procedure for eviction or enforcement follow the ZPO.^[2]

Sample letter: Objection to combined index rent and rent cap

Sender: Firstname Lastname
Address
Date

Landlord
Address

Subject: Objection to notice on index rent / rent cap dated [date]

Dear Sir or Madam,

I hereby object to your notice dated [date] concerning rent adjustment based on an index clause combined with the rent cap. Please provide the calculation basis, the index used and explain why the rent cap does not apply in this case. Until clarification, I will, if necessary, pay the previous rent amount under reservation. Please confirm receipt of this letter in writing.

Sincerely
[Signature]

FAQ

Can I contest index rent if the rent cap applies at the same time?

Yes. You can challenge the validity of the index clause and the application of the rent cap; document evidence and submit a written objection.

Do I have to pay the increased rent immediately?

Payments should be made cautiously: you can continue to pay the old amount under reservation and state in writing that you contest the increase.

Which court has jurisdiction for my claim?

Local courts (Amtsgericht) are responsible for tenancy disputes; higher courts are the Landgericht and, if necessary, the Federal Court of Justice.

How-To

1. Collect all relevant documents (evidence): lease, payment receipts and correspondence.
2. Send a sample objection letter (notice) by registered mail requesting calculation details.
3. Observe deadlines (deadline) for objection and filing a lawsuit.
4. Seek legal advice or tenant association help (help) if you are uncertain.
5. If necessary, file suit at the competent local court (court).

Help and Support

• Gesetze im Internet (BGB and ZPO) — Official legal texts
• Justizportal — Information on payment order and official forms
• Federal Court of Justice — Case law on tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Jurisdiction of local courts — bundesgerichtshof.de