Can the landlord raise the rent during the contract?
It depends on the contract — without an agreed basis the landlord cannot raise the rent one-sidedly, and in a fixed-term contract the rent stays fixed. For a private market tenancy the amount and any change of rent are governed by the tenancy contract: a rise is allowed only if it has a clear basis, such as an agreed annual adjustment to the consumer price index (indexation). A one-sided increase without such a clause is invalid — the tenant may refuse it and keep paying the agreed rent. A new, higher rent can be introduced only by agreement of both sides or with a new contract. The myth that the owner can raise the rent whenever they like is false: for non-profit flats the rent is set by a methodology (the point value rose from 2.63 to 3.50 euros with the reform, though subsidies of up to 85% cushion most of the rise), while for market rentals what the parties wrote down applies.
📋 The rules
- For a private market tenancy the amount and any change of rent are governed by the contract; without an agreed basis the landlord may not raise the rent one-sidedly.
- A rise is allowed if the contract provides for it — most often as an annual adjustment to the consumer price index (indexation) by a formula known in advance.
- In a fixed-term contract the rent generally stays unchanged until it ends; a new, higher rent can be introduced only by agreement of both sides or with a new contract.
- For non-profit flats the rent is set by a government methodology (point value, floor area, adjustments); with the reform the point value rose from 2.63 to 3.50 euros, the rise cushioned by subsidies of up to 85%.
- The landlord must announce the change in writing in advance and base it on a contractual clause; without that, the higher amount asked is merely a proposal the tenant need not accept.
🔓 Exceptions
- If the contract contains an indexation clause, the rent is adjusted under it — usually once a year and upward only when prices rise, not arbitrarily during the year.
- On renewing or concluding a new contract, the parties may freely agree a new rent; that is a new agreement, not a one-sided rise of the existing one.
- Substantial contributions in kind (e.g. a major renovation paid by the owner) can be a basis for an agreement on a higher rent, but only by consent — they do not by themselves justify a one-sided rise.
⚠️ Penalties & fines
A one-sided rise without a contractual basis has no legal effect: the tenant need not pay the difference and may keep transferring the agreed rent. If the landlord persistently demands the higher amount or threatens termination over the unpaid difference, the tenant can rely on the contract, pay the agreed rent, and take the dispute to court if needed. Conversely, not paying a lawfully adjusted rent (e.g. under a valid indexation clause) counts as non-payment of an obligation and can be a fault ground for termination of the tenancy. An oral agreement to raise the rent, leaving no trace, is also risky — what is written down prevails. For non-profit flats a rise not in line with the methodology is not allowed; the tenant may at the same time check whether they qualify for a subsidy that lowers the higher rent.
📎 Official sources
- PISRS · statute register (Housing Act, SZ-1) →
- gov.si · housing policy and rents →
- Housing Fund of the RS · rental housing →
❓ Frequently asked
Can the landlord raise the rent in the middle of the contract?
Only if the tenancy contract allows it, for example by an agreed annual adjustment to inflation. Without such a basis a one-sided rise is invalid and the tenant may refuse it. A new, higher rent can otherwise be introduced only by agreement of both sides or with a new contract.
What if the contract says nothing about a rise?
Then the landlord cannot raise the rent one-sidedly. If the contract is silent, the agreed amount applies and you pay that, not the difference. An increase is possible only if you agree to it, or on concluding a new contract in which the parties set the rent afresh.
Can I be evicted for not paying a higher rent?
If the rise has no basis, no, because you are paying the agreed rent and not breaching the contract. But if the rent is lawfully adjusted under a contractual clause, not paying the difference is non-payment of an obligation and can be a fault ground for termination of the tenancy.
How does inflation adjustment work?
If the contract contains an indexation clause, the rent is adjusted to the consumer price index, usually once a year and upward only when prices rise. The formula and frequency must be clearly set in the contract, otherwise the adjustment has no basis and the tenant need not recognise it.
Does this also apply to non-profit flats?
Not by agreement, but by methodology. A non-profit rent is set by a government regulation through the point value and floor area; the point value rose from 2.63 to 3.50 euros. The rise is cushioned by subsidies of up to 85 percent, and a rise not in line with the methodology is not allowed.
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