How can I contest my rent increase?
May 17, 2022 | 40,00 EUR | answered by Friedhelm Krebs
Dear Lawyer,
I am reaching out to you as I urgently need help in challenging my rent increase. My name is Quentin Peters and I have been living in my rented apartment in Berlin for three years. Recently, I received a notice from the landlord about a 10% increase in rent. This came as a surprise to me and I feel unfairly treated.
My monthly rent already takes up a significant portion of my income and another increase would significantly burden my financial situation. I have checked if the requested rent increase is legal and I have come to the conclusion that it may not be justified.
I have asked my landlord for a justification for the rent increase, but he has only provided me with vague information that is not understandable to me. Due to my limited knowledge of tenancy law, I am unsure of how to proceed.
Therefore, my question to you is: how can I legally review and potentially challenge the rent increase? What steps do I need to take to uphold my rights as a tenant? Are there any possible alternatives to the rent increase that I should consider?
I am grateful for any assistance and hope that you can help me find a solution to my problem.
Sincerely,
Quentin Peters
Dear Mr. Peters,
Thank you for reaching out to me with your concerns. I understand that you feel caught off guard by the announced rent increase and are looking for legal options to address it.
To legally review and potentially challenge the rent increase, there are several steps you can take. First, you should check if the rent increase was formally announced correctly. Your landlord must inform you of the increase in writing with a justification, while also adhering to the legally required deadlines.
Furthermore, you should assess if the rent increase is justified in content as well. Your landlord can only raise the rent to a reasonable amount and must consider the criteria outlined in § 558 of the Civil Code. This includes factors such as the local comparative rent, the rent cap, and improvements to the living conditions.
If you have doubts about the legality of the rent increase, you can file an objection within three months of receiving the rent increase letter. In this case, I recommend seeking legal assistance to effectively represent your interests.
There are also alternatives to a rent increase that you may consider. For example, you could negotiate with your landlord for an agreement on modernizing or energetically renovating the apartment, which could lead to a rent increase. However, you could also try to find a more affordable apartment or consider subletting to reduce your financial burden.
In any case, it is important that you uphold your rights as a tenant and do not hesitate to challenge unjustified rent increases. I am here to support you in this process and help you enforce your claims.
Best regards,
Friedhelm Krebs, Attorney at Law
