Can my landlord simply raise the rent?
November 7, 2022 | 45,00 EUR | answered by Emma Richter
Dear lawyer,
My name is Lukas Schmitt and I am reaching out to you with a question regarding rental law. I have been living in a rented apartment for three years and recently received a notice from my landlord that the rent is going to be increased. So far, the rent has been stable and I have been satisfied with my current rental price. However, the increase is for a quite high amount that would significantly impact my monthly expenses.
My landlord did not provide me with a reason for the rent increase and I am wondering if he can simply raise the rent or if there are certain requirements that must be met. I am concerned that the increase could harm my financial situation and I am wondering if there are any options to address this.
Could you please explain to me what rights and obligations I have as a tenant in this situation? Are there any legal regulations that my landlord must follow before increasing the rent? What options do I have to challenge the rent increase or at least receive a reasonable explanation for it?
Thank you in advance for your support and advice.
Best regards,
Lukas Schmitt
Dear Mr. Schmitt,
Thank you for your inquiry regarding the rent increase. It is understandable that you are concerned about the announced increase and would like to inquire about your rights and options as a tenant.
In principle, the landlord is allowed to increase the rent, but certain conditions must be met. First of all, the rent increase must be announced in writing and can only take effect after a statutory period of time has elapsed. This period is usually three months, but may vary depending on the rental agreement or state.
Furthermore, the landlord must provide a reasonable justification for the rent increase. This justification could be, for example, rising operating costs, modernization measures, or comparable rents in the area. It is important that the justification is understandable and justified.
If the landlord does not provide a sufficient justification for the rent increase or does not meet the legal requirements, you as a tenant have various options to challenge it. For example, you can submit a written objection within two months of receiving the rent increase and request a review of the rent increase. If the landlord does not respond or the rent increase is not justified, you can go to court and have the rent increase judicially reviewed.
In such a case, it is advisable to consult a lawyer specializing in tenancy law who can provide legal advice and support. A lawyer can help you enforce your rights as a tenant and find a suitable solution in your favor.
I hope that this information has been helpful to you and I am available for any further questions.
Sincerely,
Emma Richter
