Renovation is often expensive, but can be worthwhile when selling the property due to a higher purchase price. It depends on the individual case and should be assessed in advance by a professional.
If you own one or more rental properties, the question of whether to increase the rent will eventually arise. For you as an investor, a rent increase is often the only way to increase your return. What are the options for rent increases? What do you need to bear in mind, what legal regulations apply, and how should you proceed? Here is an overview of the most important points.
Increasing rent – how do you proceed?
There are various options for increasing rent. A distinction must be made between increases that are stipulated by law and those that are agreed upon.
The following options are available:
- Adjustment to the local rent
- Rent increase due to modernization
- Contractual agreements in the form of graduated rent
- Contractual agreements in the form of index-linked rent
The first two options are regulated by law, and the last one refers to an agreement in the rental contract. If you, as a landlord, want to implement a rent increase, you must adhere to certain limits. These are explained in the following examples.
Adjustment to the local rent
As the name suggests, this option allows you to adjust the rent to the local market rate with the tenant's consent. You should consult a rent index for your region when doing so. The rent index lists all rents for apartments with similar amenities in a given location over the last six years. If your current rent is below this level, you can adjust the rent.
Various legal conditions apply to the increase.
- The rent increase may not exceed 20 percent within three years.
- You must notify the tenant of the rent increase in writing.
- The rent increase must be justified.
- You must provide the rent index that proves that the rent is currently below the local market rate.
- The new rent only applies from the third month after notification
- You may only increase the rent every 15 months.
- The tenant has two months to object or terminate the lease.
Rent increase due to modernization
Are you planning to modernize your rental property? If so, and if certain criteria are met, you can charge more rent. To make this possible, you should consider the following:
- The tenant must be notified of the modernization measures in writing at least three months in advance. But be careful, an email is not sufficient.
- The tenant is entitled to reduce the rent during the renovation work. However, this is only permissible if the property is not suitable for habitation. In the case of energy-efficient renovations, tenants are not entitled to a rent reduction in the first three months.
- Since January 1, 2019, landlords have been allowed to pass on eight percent of the costs of modernization to the annual rent. Previously, this figure was eleven percent.
- There is also a new cap, as the rent may not be increased by more than three euros per square meter within six years of modernization. If the rent is up to seven euros per square meter, the increase may only be a maximum of two percent.
Contractual rent increase according to index-linked rent
Index-linked rent is a contractually agreed rent increase. The tenant and landlord agree that the rent will be based on the price index for the cost of living for private households in Germany published by the Federal Statistical Office.
The requirements for this are:
- Here too, the agreement must be set out in writing.
- Individual rent increases may only be implemented at intervals of at least one year.
- The calculation and the new rent must be disclosed.
- The legal requirements of § 558 BGB must be observed. According to this, the rent may not significantly exceed the local comparative rent.
Rent increase for graduated rent
A graduated rent is a form of rent increase whereby a future, regular rent adjustment is agreed in advance. The advantages are:
- Landlords have less administrative work and rent increases are easy to implement.
- Tenants know in advance what to expect.
However, there is also a disadvantage for tenants:
- If there is no rent control in the area, tenants may find that the graduated rent rises above the local comparative rent.
Here, too, there must be at least one year between individual price adjustments.
Too expensive, too cheap? The rent index provides information
The rent index is an important means of justification for determining the permissible rent, both for rent increases and for new leases. A rent index reflects the development of rents over the past six years.
Anyone looking at a rent index for the first time can quickly feel overwhelmed by the sheer number of tables and appendices.
However, all rent indexes basically work according to similar principles. We would be happy to show you how and advise you on all matters relating to this topic.
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