Graduated rent in the contract: is the increase permitted?
In your rental contract the rent rises in fixed steps, a graduated rent (Staffelmiete)? That is allowed, but tied to clear rules. It is worth checking whether the agreement is valid and whether the rent cap applies here too.
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Check the graduated rent →Your chances of getting your money back
What you should do now
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1. Check the agreement
Are the amounts/final rents per step specified concretely in euros and is there at least one year between the steps? If that is missing, the graduation is invalid to that extent.
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2. Check the rent cap
If the apartment lies in an area with a rent cap, check whether a step exceeds the permissible maximum rent.
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3. Formally object to the excess
If a step is impermissible, object to it in writing and pay the excessive difference only under reservation.
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4. Reclaim overpayments
If you paid too much because of an invalid step, you can reclaim the overpaid amount.
Frequently asked questions
Is a graduated rent even allowed?
Yes, it is permitted if each step (increase amount or final rent) is stated concretely in euros in the contract and at least one year lies between two increases (§ 557a BGB). During the graduation, other rent increases (for example to the comparative rent) are excluded.
Does the rent cap also apply with a graduated rent?
Yes, in areas with a rent cap the permissible maximum rent can apply to the individual graduation steps too. If a step exceeds the permissible limit, you can formally object to it and reclaim rent paid in excess.
Take action now
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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.