Step vs. Index Rent: Tenant Rights in Germany

As a tenant in Germany it is important to know how step (staffel) and index rent legally differ because both affect the amount and predictability of rent. This article explains in plain language which obligations landlords have, which tenant rights apply to rent increases or questionable calculations and which deadlines and formal requirements must be observed. I show practical steps for reviewing a lease, documenting formal rent increases correctly and, if necessary, filing an objection or seeking help at the local court. The guidance follows applicable law in Germany and refers to relevant statutes and courts so you can act with more confidence. I list key deadlines, calculation examples and when litigation may be appropriate. Templates and references to official forms are also linked.

What are step and index rent?

With step rent the lease names fixed increases at set dates; with index rent the adjustment follows the consumer price index. The legal basis for landlord and tenant obligations can be found in the BGB.^[1]

Key differences for tenants

• Rent calculation (rent): Step rent specifies exact increases, index rent follows the index formula.
• Deadlines and timing (deadline): Step increases are scheduled, index adjustments follow index publication.
• Formal requirements (form): A written agreement in the lease is mandatory for both models.
• Impact on maintenance (repair): Landlord repair duties remain regardless of the rent model.

Practical steps for tenants

Step 1 is to check the lease clause for exact wording and effective dates. Record calculations and request a written explanation from the landlord if unclear. Share your calculation with the landlord and ask for supporting documents if the adjustment seems implausible.

1. Check the contractual clause and deadlines (form).
2. Document calculations, payment receipts and correspondence (evidence).
3. Try to resolve informally and set a deadline for clarification (call).
4. If needed, prepare a claim or statement for the local court (court).^[2]

How-To

1. Read the lease clause carefully and note date requirements (form).
2. Create a clear calculation and save receipts as evidence (evidence).
3. Send a formal request to the landlord and set a clear deadline (call).
4. If no agreement is reached, inform the local court or seek legal advice and prepare for litigation (court).^[2]

FAQ

What is the main legal difference between step and index rent?

Step rent sets fixed increases; index rent changes with the consumer price index.

Can the landlord unilaterally include a model in the contract?

No, the agreement must be written in the lease; unilateral changes are not permitted.

Where can I go if I want to dispute a rent increase?

Disputes are first decided at the local court; higher courts and the BGH handle precedent and complex legal questions.^[3]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §535 — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Bundesgerichtshof (BGH) — Decisions

1. [1] BGB §535 — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] Bundesgerichtshof — Decisions