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Emergency

Rent increase after modernization: is it allowed?

Your landlord modernized (for example insulation, new windows, an elevator) and now passes the costs on to the rent? That is generally allowed, but only within limits, only after proper advance notice and not in cases of particular hardship.

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Your chances of getting your money back

With a genuine modernization, the landlord may pass on up to 8% of the costs spent on the apartment per year to the rent (§ 559 BGB), with a statutory cap on the increase.
Pure maintenance/repair may NOT be passed on. In addition, the modernization must be announced in good time (usually 3 months in advance, § 555c BGB), and in the event of financial hardship you can object.

What you should do now

  1. 1

    1. Check the advance notice

    Was the modernization announced in good time and with details on the type, scope and expected rent increase (§ 555c BGB)?

  2. 2

    2. Deduct maintenance costs

    Only genuine modernization costs can be allocated. Saved maintenance costs must be deducted.

  3. 3

    3. Check the calculation

    Check the 8% allocation and the statutory cap for modernization increases.

  4. 4

    4. Assert a hardship case

    If the increase would overstretch you financially, you can raise a hardship objection.

Frequently asked questions

How much may the landlord add after a modernization?

Up to 8% of the modernization costs attributable to the apartment per year (§ 559 BGB), additionally limited by a cap. Pure maintenance/repair costs may not be passed on and must be deducted.

Can I object to the modernization rent increase?

In the event of financial hardship you can raise a hardship objection. In addition, the increase is invalid if the modernization was not properly announced or was in truth only maintenance. Check the notice and the calculation carefully.

Take action now

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

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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.