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Index rent increased? How to check whether it is correct

Your lease says 'index rent', and now an increase comes? With an index rent, the rent is tied to the consumer price index. That is allowed but bound to rules. A close look at the calculation is often worthwhile.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check the increase

Your chances of getting your money back

With an index rent, the rent is based on the consumer price index of the Federal Statistical Office (§ 557b BGB). The increase must be made in text form and set out the changed rent and the index change comprehensibly.
The rent may be adjusted again at the earliest one year after the last determination/increase. Besides the index adjustment, rent increases up to the local comparative rent are excluded; modernization increases only in narrow exceptions.

What you should do now

  1. 1

    1. Check the contract

    Is an index rent (not a graduated rent) really agreed, and which index is referenced?

  2. 2

    2. Check the form

    Is the increase made in text form with the index values and the new rent stated?

  3. 3

    3. Recalculate

    Compare the index levels (old/new) and check whether the percentage increase was applied correctly.

  4. 4

    4. Check the one-year period

    Has at least one year passed since the last rent level? Otherwise the increase is too early.

Frequently asked questions

How is an index rent increased?

It is adjusted to the consumer price index for Germany (§ 557b BGB). The landlord must declare the increase in text form and state the old rent, the index change and the new rent comprehensibly. An adjustment is possible at the earliest one year after the last determination.

May the landlord increase in other ways besides the index?

Generally not. With an index rent, increases up to the local comparative rent are excluded, and modernization increases are only permissible in narrow, legally regulated exceptional cases. So check carefully what an increase is based on, and whether the one-year period has been observed.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.