Rent Cap in Germany: Tenants Enforce Rights

What is the rent cap?

The rent cap limits how much a landlord may raise the rent within a certain period; the rules are set out in the BGB and protect tenants from sudden, large increases.^[1]

When does it apply?

The cap applies when the landlord wants to increase the agreed rent, for example via a rent increase request or after a modernization. Check the legal basis in the BGB and the prescribed deadlines before you agree or object.^[1]

Practical steps for tenants

• First check the date and deadlines in the rent increase request.
• Request in writing the landlord's calculation of comparable rents and the justification.
• Gather evidence: local rent table entries, your payment records and photos if relevant.
• If no agreement is possible, you can seek clarification at the local court (Amtsgericht); rental disputes are decided there.

Forms and templates are useful: an informal objection is often sufficient, but note the date, reasoning and your demands clearly. If you proceed without a lawyer, prepare an organized file with all documents and record calls and appointments.

How to draft an objection letter

An objection should be short, factual and dated. State receipt of the rent increase request, briefly explain why you believe the cap is not respected, and request supporting documents. Send the letter by registered mail or otherwise verifiably.

Frequently Asked Questions

What is the deadline for a rent increase?

The landlord must comply with certain deadlines and formal requirements; check the letter carefully and respond within the stated deadlines.

Can I refuse the increase immediately?

You can object and reject the increase until legal clarification occurs or an agreement is reached.

Who do I contact in case of a dispute?

For rental disputes, the local court (Amtsgericht) is usually responsible in the first instance; check your local court's jurisdiction.

How-To

1. Check deadlines: read the rent increase request and note receipt and required deadline.
2. Collect evidence: comparable rents, rent table entries and payment records.
3. Draft and send an objection letter with date and reasons.
4. If necessary, prepare a claim or counterclaim and file documents at the local court.

Key Takeaways

• Check every rent increase carefully for compliance with the rent cap.
• Documentation and comparable rents are often decisive in disputes.
• Keep deadlines in view and respond in writing with proof.

Help and Support / Resources

• BGB: §§ 535–580a on gesetze-im-internet.de
• ZPO on gesetze-im-internet.de
• Information on courts and jurisdictions – justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Informationen zu Gerichten und Zuständigkeiten – justiz.de