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- Section 558c of the German Civil Code (BGB)
- Section 558d of the German Civil Code (BGB)
- Ordinance on the Content and Procedure for the Preparation and Adjustment of Rent Indexes and on the Specification of the Principles for Qualified Rent Indexes (Rent Index Ordinance – MsV; Entry into force on 1 July 2022)
If you want to know the amount of rent in the apartments in your area, you can find out about it 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 indications that:
- whether a request for a rent increase by the landlord is justified,
- whether the rent is permissible in the case of re-letting if the apartment is located in an area where the provisions of the so-called rent brake apply,
- whether the rent is reasonable in principle (outside the scope of the so-called rent brake).
On the basis of net rents exclusive of heating expenses that have been newly agreed or changed in the last six years, the rent index shows the average rent net (local comparative rent) in euros per square metre per month. This comparative rent can be higher or lower for each individual apartment. The criteria for this are listed in the rent index.
For example, the following can be decisive:
- Apartment size
- Age of construction
- Area
- energy-efficient state of modernization and
- Equipment of the apartment, for example central heating, indoor toilet, parquet floor.
The local comparative rent may differ from the current market rent.
Rent indexes are compiled jointly or by the cities/municipalities by representatives of the interests of landlords and tenants, such as tenants' associations, homeowners' and landowners' associations. A city/municipality should compile a rent index if there is a need for it.
According to the Act on the Reform of the Rent Index Law, municipalities with more than 50,000 inhabitants will be obliged to compile simple rent indexes in the future (entry into force on 1 July 2022).
As a rule, rent indexes are to be adapted to market developments and published every two years.
Rent indexes are available in many larger cities and municipalities.
As a rule, rent indexes are already available for download free of charge on the Internet.
From 1 July 2022, all simple and qualified rent indexes must be published free of charge on the Internet.
Check with the city/municipality where the apartment in question is located to see if an up-to-date rent index is available.
- Information on the preparation of rent indexes (this brochure will be revised to adapt to 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 – Law 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 Indexes and on the Specification of the Principles for Qualified Rent Indexes (Rent Index Ordinance - MsV)
The law and the Rent Index Ordinance distinguish between (simple) rent indexes and qualified rent indexes (§§ 558c, d BGB; §§ 3, 6 MsV). The qualified rent index is compiled in accordance with recognised scientific principles and is recognised by the municipality or by representatives of the interests of landlords and tenants.
- Publication of the rent index
- Rent index provides an overview of the rents of comparable apartments in the city/municipality
- contains indications that the
- whether a request for a rent increase by the landlord is justified, whether the rent is permissible in the case of re-letting if the apartment is located in an area in which the provisions of the so-called rent brake apply,
- whether the rent is reasonable in principle (outside the scope of the so-called rent brake).
- On the basis of net rents exclusive of heating expenses of the last six years, the average rent is shown net (local comparative rent) in euros per square metre per month
- 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, e.g. location, equipment and condition
- are drawn up jointly and/or by the cities/municipalities by representatives of the interests of landlords and tenants
- Responsible: usually the city/municipality in which the apartment is located
On the Internet, you can find rent indexes either via the websites of the respective city/municipality or by entering the name of the city/municipality and "rent index" into a search engine.
As a rule, the city/municipality in which the apartment in question is located is responsible.