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If you would like information on the local comparative rent in your area, you can usually find this in the rent index of your city or municipality.
A rent index gives you an overview of the rents of comparable apartments in the city or municipality. It contains clues,
- whether a rent increase by the landlord is justified,
- whether the rent is permissible for re-letting if the apartment is located in an area in which the regulations of the so-called rent brake apply,
- whether the rent is generally reasonable if it is outside the scope of the so-called rent control.
The German Civil Code and the Rent Index Ordinance distinguish between simple rent indices and qualified rent indices. The qualified rent index is prepared according to recognized scientific principles and is recognized by the municipality or by interest groups representing the landlord and tenant. In the event of a dispute, a qualified rent index has greater probative value than a simple one.
The rent index shows the average monthly net cold local comparative rent in euros per square meter. This is based on the net cold rents that have been newly agreed or changed in the last 6 years. This comparative rent can be higher or lower for each individual apartment. The criteria for this are listed in the rent index.
Decisive factors can be, for example
- Apartment size
- age of building
- residential location
- Energy modernization status and
- the equipment of the apartment, e.g. central heating, indoor toilet, parquet flooring.
The local comparative rent may differ from the current market rent.
Municipalities, cities or interest groups representing landlords and tenants jointly draw up rent indices. Tenants' associations and home and landowners' associations are examples of interest groups. Cities or municipalities with more than 50,000 inhabitants are legally obliged to draw up a rent index.
Simple rent indexes should generally be adjusted to market developments and published every two years. In the case of qualified rent indexes, such an update is mandatory every two years.
Since July 1, 2022, all simple and qualified rent indexes have been available online free of charge.
- Notes on the preparation of rent indexes (this brochure is being revised in line with the new legal/regulatory situation)
- Information from the Federal Ministry of the Interior, Building and Community
- Information from the federal government on the rent index reform
- Federal Law Gazette - Act on the Reform of the Rent Index Law (Rent Index Reform Act - MsRG)
- Ordinance on the content and procedure for the preparation and adjustment of rent indices and for the specification of the principles for qualified rent indices (Rent Index Ordinance - MsV)
Inquire in the city or municipality in which the apartment in question is located whether a current rent index is available.
- Rent index publication
- Rent index provides an overview of the rents of comparable apartments in the city or municipality
- contains reference points,
- whether a landlord's request for a rent increase is justified,
- whether the rent is permissible for re-letting if the apartment is located in an area in which the regulations of the so-called rent brake apply,
- whether the rent is generally reasonable (outside the scope of the so-called rent freeze).
- shows the average monthly net cold rent (local comparative rent) in euros per square meter based on net cold rents for the last 6 years
- broken down by apartment size and year of construction, among other things
- Comparative rent can increase or decrease for each individual apartment
- Criteria are listed in the rent index, for example location, fixtures and fittings and condition
- are drawn up jointly by representatives of landlords and tenants or by the cities and municipalities
- Responsible: usually the city or municipality in which the apartment is located