Mieterhöhungsverlangen
Rent increase letter (Mieterhöhung): can your landlord do it and how long do you have?
From: Your landlord or the property management
The landlord asks you to agree to a higher rent. A common reason is that your rent is below the local comparative rent (ortsübliche Vergleichsmiete). The landlord must ask in text form, give reasons, and keep to limits. You have time to think.
Got this letter? Get your personal explanation.Take a photo. See your deadline, amount, and next steps, in your language. First letter free.Why you got this letter
- Your rent is below the local comparative rent.
- Other types of increases exist, for example after modernisation, or step or index rent agreed in the contract. Different rules apply to them.
What to do
- 1Write down the date you received the letter. Check that it is in text form and has reasons (for example a rent index, a rent database, an expert report, or three comparable flats).
- 2Check your current rent: it must have been unchanged for 15 months when the increase takes effect, and the landlord may ask no earlier than one year after the last increase.
- 3Check the limit: within three years the rent may rise by no more than 20 percent, or 15 percent in areas the state has designated as having a particularly endangered housing supply.
- 4Compare the new rent to the rent index of your city.
- 5Decide whether you agree. If you do not agree, the landlord can sue for your consent.
- 6Think about the special right to terminate (see below). Get advice from a tenants' association before you decide.
Deadline
You can agree until the end of the second calendar month after you received the letter. If you agree, the higher rent is due from the start of the third calendar month after receipt.
If you do nothing
If you do not agree by then, the landlord can sue you for consent. The landlord must do this within three further months. A court then decides if the increase is correct. Until then, you pay the old rent.
Can you object?
There is no formal Widerspruch. You simply do not give your consent, in writing. If the landlord sues, the court decides. You also have a special right to terminate (§ 561 BGB): you may terminate until the end of the second month after you received the letter. The tenancy then ends at the end of the month after next, and the increase does not take effect.
Words in this letter
- Mieterhöhungsverlangen
- The landlord's written request for a higher rent.
- Ortsübliche Vergleichsmiete
- The usual local rent for comparable flats, based on the past six years.
- Mietspiegel
- A rent index published by the city.
- Kappungsgrenze
- The cap: 20 percent in three years, or 15 percent in some areas.
- Zustimmung
- Your consent to the increase.
- Sonderkündigungsrecht
- A special right to terminate after a rent increase.
Example reply
Do not agree yet and ask for the proof.
[Vor- und Nachname]
[Anschrift der Wohnung]
An: [Vermieter / Hausverwaltung, Adresse]
[Ort], [Datum]
Betreff: Ihr Mieterhöhungsverlangen vom [Datum]
Sehr geehrte Damen und Herren,
ich habe Ihr Schreiben vom [Datum] am [Datum des Erhalts] erhalten. Ich prüfe die Mieterhöhung. Bitte senden Sie mir [den Auszug aus dem Mietspiegel / das Gutachten / die genannten Vergleichswohnungen] zur Einsicht.
Ich stimme der Mieterhöhung derzeit nicht zu. Bis zu einer Klärung zahle ich weiterhin die bisherige Miete.
Mit freundlichen Grüßen
[Unterschrift]
[Vor- und Nachname]Show English translation
[Full name] [Address of the apartment] To: [landlord / property management, address] [Place], [date] Subject: Your rent increase request dated [date] Dear Sir or Madam, I received your letter dated [date] on [date received]. I am checking the rent increase. Please send me [the extract from the rent index / the expert report / the named comparable flats] for inspection. I do not currently agree to the increase. Until this is clarified, I continue to pay the previous rent. Kind regards [Signature] [Full name]
Questions people ask
Does the landlord need my consent?
For an increase to the local comparative rent, yes. The landlord asks for your consent. If you do not give it by the end of the second calendar month after receipt, the landlord can sue within three further months.
Is there a limit?
Yes. Within three years, the rent may rise by no more than 20 percent. In areas the state has designated, the limit is 15 percent. The rent must also have been unchanged for 15 months, and the landlord may ask no earlier than one year after the last increase.
What must the letter contain?
It must be in text form and give reasons. The landlord may refer to a rent index (Mietspiegel), a rent database, an expert report, or name three comparable flats. If a qualified rent index has data for your flat, the landlord must name it.
Can I terminate because of the increase?
Yes. You may terminate until the end of the second month after you received the declaration. The tenancy then ends at the end of the month after next, and the increase does not take effect. This right applies to increases under § 558 and § 559 BGB.
Sources
- § 558 BGB (Mieterhöhung bis zur ortsüblichen Vergleichsmiete)
- § 558a BGB (Form und Begründung der Mieterhöhung)
- § 558b BGB (Zustimmung zur Mieterhöhung)
- § 561 BGB (Sonderkündigungsrecht)
Updated 2026-10-20. This page explains a common type of letter; it is not legal advice. Your letter may differ, so check its dates and amounts.