Can the landlord raise the rent?
Yes, but only capped and reasoned. For an ongoing tenancy the landlord may raise the rent up to the local comparative rent (§ 558 BGB) — but with brakes: the capping limit restricts the increase to at most 20% in three years, and to 15% in areas with a tight housing market. An increase is possible at the earliest 15 months after move-in or the last increase, must be justified in writing (e.g. the rent index), and you must consent — deadline: end of the month after next. For new lettings in tight areas the rent brake also applies (extended to 2029).
📋 The rules
- Increase only up to the local comparative rent (§ 558 BGB)
- Capping limit: max 20% in 3 years, 15% in tight markets
- Earliest 15 months after move-in/last increase
- Written justification required (rent index, comparable flats, expert report)
- Tenant must consent (deadline: end of the month after next)
🔓 Exceptions
- Modernisation: up to 8% of the cost may be passed on per year (its own cap)
- Index or stepped rent: the increase follows the agreement, not § 558
- The rent brake caps new lettings in tight markets at the comparative rent + 10%
⚠️ Penalties & fines
No fines here — it's about validity. An increase that breaches the cap, the deadline or the justification duty is void; you need not consent and can reclaim overpayments. If you refuse a justified increase, the landlord can sue for consent. For a rent-brake breach you can challenge the excess rent and reclaim it.
📎 Official sources
- § 558 BGB · Rent increase up to the local comparative rent →
- German Bundestag · Rent brake extended to 2029 →
- German Tenants' Association · Rent increase →
❓ Frequently asked
How often can the rent be raised?
Up to the local comparative rent and at most every 15 months. Within three years the rent may rise by a maximum of 20%, in tight housing markets only 15% (capping limit).
Do I have to consent to the increase?
For a formally correct, justified increase up to the comparative rent, yes — you have until the end of the month after next. If you don't consent, the landlord can sue for consent. A flawed increase you don't have to accept.
How big can the increase be?
Only up to the local comparative rent and within the capping limit: 20% in three years, 15% in tight markets. Modernisations follow their own rules (up to 8% of the cost per year).
What is the rent brake?
For new lettings in tight housing markets it caps the permitted rent at the local comparative rent plus 10%. It has been extended to the end of 2029. If the landlord asks for more, you can challenge it and reclaim overpayments.
Must the increase be justified?
Yes. The landlord must justify it in writing — e.g. with the local rent index, three comparable flats or an expert report. Without justification the increase is void.
🔎 Common searches
What people search to land here:
- “rent increase how much allowed”
- “capping limit 15 20 percent”
- “rent increase consent deadline”
- “rent brake extended 2029”
- “comparative rent increase”
- “rent increase 15 months”