The rule that works differently from most countries
In many legal systems a rent increase takes effect once a notice period has passed. Germany is the opposite. A standard rent increase under § 558 BGB is a request for your consent, not a decision.
§ 558b Abs. 2 Satz 1 BGB
„Soweit der Mieter der Mieterhöhung nicht bis zum Ablauf des zweiten Kalendermonats nach dem Zugang des Verlangens zustimmt, kann der Vermieter auf Erteilung der Zustimmung klagen.“
If you do not consent, the landlord's only route is a court claim, and it must be filed within three further months. Until then the old rent stands.
- Do not just start paying more. Paying the increased rent without comment can be read as consent by conduct.
- You may consent in part – to the amount that matches the local reference rent – and refuse the rest.
- You do not have to reply at all. There is no duty to respond, although a reasoned reply often settles the matter.
Your three dates
Your dates from the landlord's letter
FreeThe day it arrived, not the date printed on it.
Time to decide until
…
Enter the date of arrival.
Why the second calendar month: if the letter arrives at any point in March, the first calendar month after arrival is April and the second is May. The deadline is 31 May – whether the letter came on 1 or 31 March.
Your result is ready. The calculator checks the 15-month period, the three-year cap and the justification, and writes your German reply letter, ready to sign.
Open the rent increase toolBefore you even look at the amount: three conditions
- Fifteen months unchanged. The rent must have been unchanged for 15 months at the point the increase is to take effect (§ 558 Abs. 1 Satz 1 BGB).
- One year since the last increase. The demand itself may not come earlier than a year after the previous increase (§ 558 Abs. 1 Satz 2 BGB). These are two different periods and they are often confused.
- Text form and a proper reason. The demand must be in text form and justified (§ 558a Abs. 1 BGB) by one of four means: the local rent index (Mietspiegel), a rent database, an expert report, or three comparable flats.
A demand without a valid justification does not start your deadline running. The landlord can still repair the defect during court proceedings – and then your consent period starts again (§ 558b Abs. 3 BGB).
The cap, and your way out
Even a valid increase is capped: within three years the rent may not rise by more than 20 per cent, and only 15 per cent in areas with a strained housing market (§ 558 Abs. 3 BGB). Whether your town is one of those is set by state regulation – Berlin, Hamburg and Munich are.
And there is a way out. Instead of consenting you may terminate the tenancy under § 561 BGB. If you do, the increase never takes effect at all. The deadlines are short, so decide early.
Whether the demanded rent actually exceeds the local reference rent is a judgement on your individual flat – we do not make that call. What we calculate are the deadlines and the cap.
Check the increase, then reply in German
The calculator checks the 15-month period, the three-year cap and the justification, and writes your German reply letter, ready to sign.
Open the rent increase toolFrequently asked questions
What happens if I ignore a rent increase in Germany?
Nothing automatic. Silence is not consent, so the increase does not take effect. The landlord must sue for your consent within three months after your deadline (§ 558b Abs. 2 BGB).
By when do I have to agree?
By the end of the second calendar month after the demand reaches you (§ 558b Abs. 2 Satz 1 BGB).
From when would I pay the higher rent?
From the start of the third calendar month after receipt – and only if you consented (§ 558b Abs. 1 BGB).
How much can the rent rise at once?
Within three years by no more than 20 per cent, or 15 per cent in areas with a strained housing market (§ 558 Abs. 3 BGB), and never above the local reference rent.
Can I leave instead of paying more?
Yes. § 561 BGB gives you a special right of termination after a rent increase, and the increase then never takes effect.
Read the law yourself
- § 558 BGB: rent increase up to the local reference rent
- § 558a BGB: form and reasons
- § 558b BGB: consent to the increase
- § 561 BGB: tenant's special right of termination
Alle Fundstellen führen zu gesetze-im-internet.de, dem amtlichen Angebot des Bundesministeriums der Justiz.
Not legal advice. This page explains German law in general terms and does not replace advice on your individual case. We are not lawyers, not a public authority and not an advice service. Every provision we cite is linked so you can read it yourself. Whether the demanded rent exceeds the local reference rent depends on your individual flat. We calculate the deadlines and the cap, not the reference rent.