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Can my landlord raise rent after one year?

13 posts in this topic

Dear all, 

Our landlady just sent us a letter asking for increasing 5% of the rent, just one year after we moving in.

I know that there is a law which limits the amount the landlords could raise the rent after 3 years, but I don't know if they can legally do it (and how much) after one year ??? Could anybody advise what we should do in this case!

All friends I asked said they never experienced this; their landlords increase the rent only after 3-4 years. 

  • I am in Baden-Wüttemberg, do you know where I can find laws about renting in my state?
  • and where I could find the average renting price in our neighborhood?

(I looked at renting advertisements in my area and frankly my feeling is that they just posted whatever price they want)

 

I would very appreciate any advice!!!

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Speak with your Mieterverein and ask their advice. ( You  are a member, I hope-_-)

Oh , and use search function - many threads on rental issues.

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thanks for your hint! I did search on the forum and internet but haven't found the case like mine. Normally, people discussed about rent increased after 3 years :(

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did she justify the increase to show your place is priced under the maximum "customary rent" for an equivalent apartment?  or did she just effectively say "I am raising your rent".  Did she point out that you need to agree to the increase in writing?  Did she give you the pertinent dates for response, when you need to start paying the new price, etc?

 

in general the price cannot be increased sooner than 12 months from the last increase (or moving in, as I understand it) and they have to give you three months notice of the increase which effectively makes the new payment, IF LEGAL, due 15 months after moving in/last increase.

 

But overall, if the increase is unwirksam for any reason (there is a very clear set of requirements for what an increase notice needs to cover) you don't have to pay it.  It's always best to get a review and advice from the mieterverein - they can answer your other questions as well.

 

I am not a lawyer and this is not legal advice.   the only tangible advice I can offer is to visit the mieterverein.

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If it's only been 1 year (12 months), the rent increase is not allowed. 15 months is the minimum since the move-in date (or since the last rent increase).

 

Furthermore, a rent increase is not allowed if you're already at the "ortsübliche Vergleichsmiete".

 

The Mieterverein is an excellent idea and can help you determine whether the latter point applies, in particular.

 

Good luck.

 

P.S. Moving your thread to the Legal section

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6 hours ago, lisa13 said:

did she justify the increase to show your place is priced under the maximum "customary rent" for an equivalent apartment?  or did she just effectively say "I am raising your rent".  Did she point out that you need to agree to the increase in writing?  Did she give you the pertinent dates for response, when you need to start paying the new price, etc?

 

in general the price cannot be increased sooner than 12 months from the last increase (or moving in, as I understand it) and they have to give you three months notice of the increase which effectively makes the new payment, IF LEGAL, due 15 months after moving in/last increase.

Many thanks for your input! 

She mentioned that the new (increased) price will be effective at the 16th month. So, implicitly, we have three months since we got the letter until we have to pay the new price although she did not mention when and how I have to reply.

 

Quote

But overall, if the increase is unwirksam for any reason (there is a very clear set of requirements for what an increase notice needs to cover) you don't have to pay it.  It's always best to get a review and advice from the mieterverein - they can answer your other questions as well.

Quote

I am not a lawyer and this is not legal advice.   the only tangible advice I can offer is to visit the mieterverein.

 

She did not give any specific reason why she increased the price. I will consult with the mieterverein and will share my experience so that It will be helpful for others as well. 

Do you/or anybody know how much I need to pay for the Mieterverin?

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5 hours ago, El Jeffo said:

If it's only been 1 year (12 months), the rent increase is not allowed. 15 months is the minimum since the move-in date (or since the last rent increase).

She gave us three months, e.g. mentioning that the increase price will be effective at the 16th month.

5 hours ago, El Jeffo said:

Furthermore, a rent increase is not allowed if you're already at the "ortsübliche Vergleichsmiete".

 

The Mieterverein is an excellent idea and can help you determine whether the latter point applies, in particular.

 

Good luck.

 

P.S. Moving your thread to the Legal section

 

Many thanks! I will follow your advice!

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check their website - they usually put pricing and terms somewhere.

 

be sure you understand the terms, too.  

 

eta: mine last year was 85 euros including legal insurance and "accounting fee", as I didn't give them permission for direct withdrawals - so 80 euros per year, but ymmv

 

it's WELL worth the cost.

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1 hour ago, bizzu said:

So, implicitly, we have three months since we got the letter until we have to pay the new price although she did not mention when and how I have to reply.

 

Ask the Mietverein how to reply if at all. You have plenty of time. You are only obliged to pay what your rental contract states.

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Hi, 

I posted the "solution" so that someone else have a reference if they are in the same situation.

I went to see the Mietverein (after paying the fee) and the attorney there told me that I don't have to pay the new price because the reason in the letter from the landlord is not valid, e.g., the price is not justifiable...

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Can you also answer fraufruit's question re: how to respond?

 

my mieterverein has always told me not to respond at all when an increase is unwirksam, but I'm interested to hear what your's said about this (as is fraufruit)

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The attorney told me not to sign the letter from the landlord. Additionally, I called the landlord and said "my attorney told me your request is not valid". 

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