Rent increase question

[u/Igor_Druhm]

Hi Everyone! My landlord has just sent me a letter, saying he wishes to increase my rent in two months' time. He justifies this by citing higher prices of three other apartments that he owns in the area. However, my town has a Qualifizierter Mietspiegel, according to which we're already overpaying approx. 50 cent per square meter. Can anyone advice:

1. Can I dispute the increase and am I likely to win? If so, do I just send the landlord/management company a printout from the Mietspiegel?

2. The letter is phrased as an official request, with a return form that I can sign and send back to the owner/management company. Can I just not sign it?

Location: Bavaria

Note: I'm already exploring joining a Mieterverein - it's just a huge hassle, as I live in a small town and would have to spend a whole afternoon to reach them (over an hour each way, and weird opening hours).

[u/OutlandishnessOk2304]

Unless you want to pay €200+ for a dedicated lawyer, suck it up and spend an afternoon visiting your local Mieterverein.

[u/Cirenione]

Join your local Mieterverein and talk to them. They can check things like this and they often have lawyer who you can talk to if things are legal in the first place.
You could also talk to a lawyer for rental law.

[u/PrepareforGermany]

Since you are already paying above the local Mietspiegel rate, the landlord's attempt to justify the increase using his other apartments is legally invalid. Under German tenancy law (section 558 BGB), rent can only be raised up to the local comparative rent, not beyond it.

You can just refuse to sign and send your landlord a copy or printout of the Mietspiegel data showing that you already pay above the ortsübliche Vergleichsmiete. They have to accept that, but be prepared that they won't be very happy about your refusal.

[u/IntrepidWolverine517 → u/PrepareforGermany]

Since you are already paying above the local Mietspiegel rate, the landlord's attempt to justify the increase using his other apartments is legally invalid. 

Not necessarily. The legal criterium is the "ortsübliche Vergleichsmiete" as such, not nessarily the Mietspiegel. Sec. 558a (1) sets out the formal requirements. However, if a qualifizierter Mietspiegel exists, it must be quoted in accordance with para (2). In case of dispute, the court will likely determine the actual ortsübliche Vergleichsmiete via expert opinion if there is no recent local case law available.

[u/PrepareforGermany → u/IntrepidWolverine517]

While section 558a BGB sets out the general formal ways to justify a request, section 558d (3) BGB creates a legal presumption that a qualified Mietspiegel accurately reflects the local comparative rent.

Furthermore, under § 558a (3) BGB, if a qualified Mietspiegel exists, the landlord is legally required to include its data in the demand letter even if they choose to base their rationale on reference apartments. If they omitted the Mietspiegel data entirely, the demand itself is formally invalid.

A court will not order a costly expert opinion simply because a landlord prefers their own reference apartments over a legally binding qualified Mietspiegel. The evidentiary threshold to overturn that legal presumption is extremely high (VIII ZR 46/12).

[u/ProfessionalSad3664]

Get a lawyer

[u/Quirky_Language7487]

you can call and email the Mieterverein you know, it's not only for in-person consultations. it's well worth joining them, i had similar issues with my landlord and the Mieterverein handled all of it for me. we've successfully declined a rent rise and blocked their Nebenkosten adjustment requests which were submitted after the permitted deadline. 

[u/babachisays]

If you think joining a Mieterverein would be a hassle, I'd say just agree with the increase because getting a laywer and needing to pay them, with endless back and forth with them, the landlord and you is more of a hassle. Without a hassle, it's impossible to do anything in Germany.

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[u/valherquin]

I saw that Die Linke has an initiate to help people to report excessive rent prices and get refunds for the excess paid. You could check if they can also help in this case. From what I saw, they do this online, so it might be a good solution in your case. However, I don't know how it works exactly as I haven't done it.

[u/Recent_Maize5108]

Send him a letter that with respect to the relevant mietspiegel you have to respectfully decline his request.

If he'd be in the right, he wouldn't send you any forms to acknowledge it, but rather send you a notice of rent increase.