Got a rent increase (Mieterhöhung) — what to do? Deadlines and when you can object

A rent increase (Mieterhöhung) in the mailbox is unpleasant — but not every increase is automatically lawful, and you don't have to agree right away. Here's a calm overview of what to check and how to respond.

What types of rent increases are there?

Increase to the local comparative rent – the most common form, bound by fixed rules.
Increase after modernization – e.g. if the landlord did an energy-efficiency renovation.
Staggered or index-linked rent – contractually agreed automatic increases, usually no separate letter needed.

What to check for an increase to the comparative rent

Has it been at least 15 months since the last increase?
Does the increase not exceed 20% within three years (in some cities only 15%, the so-called capping limit)?
Is the increase backed by a comprehensible justification (rent index, comparable apartments, an expert report)?
Is the new rent actually still within the local comparative rent?

How much time do you have to think it over?

You don't have to agree to a rent increase right away. You're entitled to a consideration period: until the end of the second month after receiving the increase request. During this time you can check it, agree, partially agree, or refuse.

How should you respond?

1. The increase is formally correct and reasonable – agree, ideally in writing for clarity.

2. The justification doesn't convince you – ask specific questions or request a better justification before agreeing.

3. The increase exceeds the capping limit – object in writing, pointing to the legal limit.

4. You don't want to agree to the increase – that's possible; the landlord can then sue for consent, but you don't need to do anything further except not agree.

Quick example of a reply letter

reference to the increase request (date)
a clear statement: agreement, partial agreement, or refusal
if refusing: a specific reason

This is exactly where BriefMagic helps: describe your situation in your own language – it turns into a clearly structured letter in German, with the right tone for the landlord. You don't need to know the exact rules on rent increases or hunt for the right phrasing yourself. There's a translation back into your language too, and the letter stays saved in case a reply comes.

Quick summary

You have until the end of the following-following month to respond.
There are legal upper limits on increases (capping limit).
An increase must be backed by a comprehensible justification.
You don't have to agree immediately.

This article doesn't replace legal advice. If unsure, a tenants' association (Mieterverein) can help further.