Wir vermieten seit nunmehr 7 Jahren gerne unsere jetzige Wohnung und wurden gerade von diesem Brief getroffen. Es ist wahr, dass unsere Miete in dieser Zeit nicht gestiegen ist, was ich als Segen betrachte, aber können sie das einfach aus dem Nichts tun? Es gab 7 Jahre lang keine Verbesserungen oder irgendetwas am Hals. Wenn es in ihrem gesetzlichen Recht liegt, komme ich dem gerne nach, frage mich aber nur, ob ich dagegen ankämpfen kann. Danke schön.
https://i.redd.it/57w8a9nym1ng1.jpeg
Von Unhappy-Music9892
18 Kommentare
They can always modearatly increase the rent. Some laws do limit the amount it could be raised, though.
No, this is not legal. Unless there is more text, it is missing a vital part: A proper reason (Begründung) for the rent increase. Only a few certain reasons are accepted by law. “Aufgrund der allgemeinen Preissteigerung” is not one of them. You can ignore it.
Up to 20% within 3 years are allowed, and seeing that they increased exactly these 20% and the rent was stable for more than 3 years: yeah, they are at the maximum allowed legal increase under these circumstances. You can only check if it is above the „Mietspiegel“, that would be your only leverage here.
Talk to your lokal Mieterschutzverein. They can help you with that. Your Vermieter has to follow certain rules to make a Mieterhöhung the right way.
The Mietschutzverein will tell you to wait until the last day and decline the increase. It worked for me and I paid I small fee to them to help me with the wording.
Check the amount allowed for rent increase for your area. Most places have a limit on how much it can increase in a given time frame, no renovation needed. To me, this looks within my local limit.
Yes this is legal. They can increase rent every 15 months. However, within 3 years not more than 15 to 20% (depending on the region).
Rent increases are generally possible, even if there have been no improvements to the apartment. However, they must be justified, they cannot be excessive, and there are a number of deadlines. Simply citing general price trends is not a valid reason. The landlord is allowed to increase the rent, but must then demonstrate that the new rent is comparable to other rents. This can be done, for example, by referencing a rent index or providing comparable rents.
The deadlines and the amount of the rent have been met, so that’s fine (for him). You can now challenge the increase—ideally with the help of a tenants‘ association or consumer protection agency. This might lead to the landlord providing a different justification and so delaying the increase for some time (because the deadlines will be reset), but you probably won’t be able to get the increase itself overturned.
(Edit to add: You need to check the limits for rent increases in your hometown, in some cities an increase can only be 15%)
No rent increase in 7 years?! Crying in the Netherlands 😭
Your landlord is very nice for increasing the rent for the first time in 7 years.
Generally yes. The dates are a bit tight – of you received it today, you might object to timing and push the increase a month or so…
If you wish, you could object the notice until the last day of April. simply by stating that the notice does not fulfil the lawful requirements, as it does not state what allowed reasons are justifying the increase.
First object to the notice, by the end of April, stating the notice is invalid because insufficient notice period was given. When new arrives, object to it on the grounds of the increase…
Combining the two tricks you can postpone that a few months.
I think it has to be notified 3 full months ahead.
If this is all your got, it does not fullfil the legal requirements for the letter you should get.
This does not mean the increase itself would be illegal, it is exactly 20% which is the legal maximum. But the letter pretty much misses every single requirement to be legally binding, like stating on what legal grounds the raise should increase, the Mietspiegel and so on.
If you live in a city with special protections, it might also be limited to 15% increase only, but you have to check that yourself.
Depends on the city you live in.
Where no extra rules are set by the city, 20% every 3 years is okay, some cities have a extra rule where its limited to 15%. So if you live in such special city, this is too high (1.035,00 would be max with 15%)
Second, depending when you got this he doesnt take the right deadlines. if you got this letter 01. March, the first rental with new price would be 01. June with the right to disagree or agree to 01. May. (2 month grace period, 3 month to first new payment)
Honestly, 7 years without an increase and 20% now seems super reasonable to me. They will likely be able to argue this over „Anpassung zur ortsüblichen Vergleichsmiete“, especially if they haven’t raised for 7 years. If you’re happy there and this is a private landlord, I would just pay it. If it’s a big corporate like vonovia, sure challenge it. But I doubt it, since vonovia would have been hitting you with increases all the way.
Maybe. Your municipality should publish a so called Mietspiegel telling you how much the average rent is in your area and depending on the equipment provided by the landlord. Your landlord cannot raise your rent above this average rent. It might be a good idea to get help with this, there is a lot of fine print and German legal terms involved. §558 BGB is the corresponding article.
Short answer: Yes it is.
Pfff i had yearly increase written in contract ffs
They also offered a 3 month notice period until the increase takes effect. That’s very decent, not everyone complies to that btw.