A rent increase for a shared-flat room is only permitted under narrow statutory conditions. If you receive a rent increase request as a tenant, check deadlines, amount and justification before you agree. This guide explains the rules under section 558 of the German Civil Code (BGB), gives numerical examples and covers the special cases of shared flats, subletting and dormitories. More topics are in our housing guide for students.
In short: The landlord can ask for agreement to an increase up to the local comparative rent (ortsübliche Vergleichsmiete) if the rent has been unchanged for 15 months and a year has passed since the last increase (section 558 (1) BGB). Within three years rent may rise by at most 20 percent, in areas with a tight housing supply by at most 15 percent (section 558 (3) BGB). Last updated: November 2026.
Key points
- An increase is only permitted up to the local comparative rent, which results from the usual rents of the last six years.
- The rent must have been unchanged for 15 months when the increase takes effect, and the request may be made no earlier than a year after the last increase.
- The cap is 20 percent in three years, in tight-market areas 15 percent.
- You have until the end of the second calendar month after receipt to agree.
- For a joint tenancy the request must be addressed to all tenants.
When may the landlord raise the rent?
Under section 558 (1) BGB the landlord can ask for agreement to a rent increase up to the local comparative rent if the rent has been unchanged for 15 months at that point. The request is allowed no earlier than one year after the last increase. Increases for modernisation or utility costs under sections 559 to 560 BGB are disregarded.
The local comparative rent results from the usual rents of the last six years for comparable housing in the municipality or a comparable one. Decisive are type, size, fittings, condition, location and energy performance. As justification the landlord can use, for example, a rent index, see Finding and reading a rent index. Formal requirements for the request are set out in section 558a BGB.
The effect matters: the landlord cannot raise the rent unilaterally. The landlord asks for your consent, and without it the previous rent initially stays. Only once you agree, or a court orders you to consent, is the higher rent owed. This applies to increases up to the comparative rent, not to modernisation or utility cost increases under sections 559 to 560 BGB, which follow their own rules.
Excluded is housing whose rent is fixed by law or tied to a subsidy commitment (section 558 (2) BGB).
How high may the increase be?
The cap in section 558 (3) BGB limits the increase to 20 percent within three years. In areas with a particularly endangered housing supply the rate is 15 percent. State governments designate these areas by ordinance for at most five years at a time. Check whether your municipality is on your state’s list.
| Item | Example (assumption) | Result |
|---|---|---|
| Current rent excluding utilities | 400 euros | Starting value |
| Local comparative rent | 520 euros | Upper limit under section 558 (1) |
| 20 percent cap | 400 euros plus 80 euros | At most 480 euros |
| 15 percent cap in a tight-market area | 400 euros plus 60 euros | At most 460 euros |
| Permitted amount | The lower of the two values | 480 or 460 euros |
Assumption: there was no increase in the last three years and the case does not involve modernisation. The calculation refers to rent excluding utilities. If there were increases in the last three years, they count towards the cap.
What deadlines do you have for agreeing and for a lawsuit?
Under section 558b BGB you must agree by the end of the second calendar month after receipt of the request. If you agree, you owe the higher rent from the third calendar month after receipt. If you do not agree, the landlord can sue for consent within three further months. If the request is formally defective, the landlord can make up for it during the proceedings or cure the defects, but you keep the consent period.
Assumption: the letter reaches you on 10 January. You can agree until 31 March. The higher rent would be due from 1 April. If you refuse, the landlord can sue until 30 June. An agreement deviating to the tenant’s disadvantage is invalid.
In addition, the law gives tenants a special right of termination after an increase under section 558 BGB (section 561 BGB). Take advice before you terminate and note the notice period for a shared-flat room.
What applies to a shared-flat room, subletting and dormitories?
The law has no separate rule for shared-flat rooms. What matters is your contractual relationship:
- Joint main tenancy of the shared flat: the request must be addressed to all tenants, otherwise it is void. The article founding a shared flat explains the contract forms.
- Individual contract with the landlord: the landlord can ask you alone for consent. The other rooms have their own contracts with their own deadlines.
- Subletting from a flatmate or main tenant: how the rules apply depends on the situation. For a mainly furnished room in the flat the landlord lives in, section 549 (2) BGB excludes certain provisions.
- Student dormitory: under section 549 (3) BGB the rules on rent at the start of a tenancy, on rent increases and on protection against termination do not apply. The operator sets the costs, see costs in a student dormitory.
Stepped and index-linked rents follow their own rules, see stepped and index-linked rent (in German). A rise in the utility prepayment is not a rent increase under section 558, see adjusting the utility prepayment (in German).
Frequently asked questions
Do I have to agree to the rent increase?
Only if it meets the statutory conditions: deadlines, amount up to the comparative rent, cap and form. If the letter does not, you can refuse. The landlord can then sue, and the court checks the conditions.
May the landlord raise the rent every year?
No. Under section 558 (1) BGB at least 15 months must pass between increases and the request is allowed no earlier than a year after the last increase. The cap applies as well.
What if only one flatmate receives the letter?
With a joint tenancy the increase must be addressed to all tenants. A letter to one tenant only is not enough.
How do I find the local comparative rent?
Usually in your city’s rent index. If there is none, other means of justification come into play. Tenants’ associations help with the check.
Does this also apply to subletting?
That depends on who your landlord is and how the contract is set up. See main tenant or subtenant in a shared-flat room.
What to do now
- Note the date the request reached you and calculate the consent deadline.
- Check whether the rent has been unchanged for 15 months and a year has passed since the last increase.
- Compare the requested amount with the rent index and the cap.
- Check whether the letter is addressed to all tenants and justified.
- Agree only if everything fits, and seek advice from a tenants’ association if in doubt.
Related guides
- Housing while studying: rent, shared flats, dorms and housing benefit
- Is the landlord allowed to do that? Frequent student questions
- Finding and reading a rent index
- Does the rent brake apply to shared-flat rooms?
- Student Tenancy Agreement: What You Should Check Before Signing
Sources: Section 558 BGB, rent increases up to the local comparative rent, Gesetze im Internet (in German); Section 558b BGB, consent to a rent increase, Gesetze im Internet (in German); Section 549 BGB, Gesetze im Internet (in German); Berliner MieterGemeinschaft, several tenants in one tenancy (in German), accessed November 2026.
Last updated: November 2026. This guide is general information, not individual advice.
