In many cities the housing is scarce: Some landlords use this to work around with so-called index of rent of the Rent index. We explain how the price of eggs and clothes to influence higher Rents has.
Long queues for the house tour, Premium additions to real estate portals, personal Letter to the owner – housing is popular in major German cities hot. Potential tenants use, therefore, of many Tricks in order to get a coveted apartment.
When it finally comes to signing a contract, have most of the tenants in the conditions with very little room. Some landlords take advantage of the high demand, to arrange a so-called index leases. For the tenant, which can be expensive.
In the case of an index rent, the rent increases every year. Determine the consumer price index (CPI) the statistical office is. This specifies by how many percent prices have risen for the living. The Index is calculated from the costs for food, clothing, services and energy prices. Petrol, Gas, fuel oil and electricity are more expensive, suggests that in the case of tenants with index lease twice to beech. In short: Rising Inflation, will the apartment be more expensive.
In the case of the index of rent, the landlord must submit a rent increase in writing. In doing so, he must call the Change of the price index and the new rental amount. The new rent is calculated as follows:
- (new index : alter index level x 100) – 100 = percentage rent increase
An Example: Paul and Paula pay for her two-room apartment in Hamburg-Eppendorf € 1,000, and have an index lease. In April 2020, the Federal Statistical office announced that the new consumer price index (CPI) for the year 2019. Your landlord sent you, then the increase in rent according to the new consumer index. In 2019, the CPI amounted to 105,3, in the year of 2018 he was 103,8. The percentage rise in Rents of Paul and Paula is calculated as follows:
- (105,3 : 103,8 x100) = 101,4
- 101,4 – 100 = 1,4
The landlord could increase the rent, therefore, by 1.4 percent, the new hire of Paul and Paula fraud then 1.014 Euro. The resulting rent increase will not occur immediately in force until next month, Paul and Paula have to pay the higher rent.
Who would not want to count on yourself, can use also at the Federal Statistical office. This is in addition to the updated consumer index, the percentage changes year-on-year.
The tenant understands the rent increases. The data of the Federal Statistical office may have access to each tenant in public and thus verify whether the increase is legal.
Another plus point from a tenant perspective: for An additional rent increase is allowed in addition. The landlord may bring the contract no clause that the tenant will always be two percent more than in the CPI given would have to pay. Also, another Index such as Gold or Oil, according to the law.
Also, on renovation or rehabilitation costs of the landlord remains with an index lease agreement, in General, to sit, to the tenant, he can reach you. With the exception of measures is not to blame for the landlords themselves, such as orders to the monument protection here. In addition, the rent may be increased only once a year.
In the case of a new tenancy, the Rent index can be very easy to get around – which is good for landlords, but bad for the tenant. Thus, the initial rent may be significantly above the comparative rent in the environment.
In the Example to stay of Paul and Paula: While the couple draws a new to Hamburg-Eppendorf, paid for his 60 square meter apartment EUR 1,000 rent on a monthly basis, you must schedule your friends, according to representative list of rents for the same size only 908 Euro. Paul and Paula pay so much more than most of their neighbors and their rent increases each year.
For the landlord, the index of rent, however, is extremely practical, since rent increases are fast and most of all predictable possible. While a landlord must submit a rent for a regular lease of three compared to the rent raise to the level of the comparable rent in the neighborhood, it is sufficient for the index-linked rent in the CPI.
In theory, the rent can be reduced in the case of an index rent. The daily life would have to decrease costs – but this was out of for decades.
In the case of Season rent to be in the rental agreement from the beginning, increased rental prices. The date, moreover, the increases occur, are set out in the contract. In contrast to the Index rent the rent increase is not oriented on the real economy.
In addition, the landlord is not required to announce in the case of a stepped rent, the rent increase in writing, this is automatically increased in fixed intervals. Possible annual rent increase is the maximum the same as the index of the lease.
In the case of stepped rent, the landlord is not bound to rent to local comparison, the periodic rent increases may not exceed the rent comparison.
Similar to the index of the lease of the season, a lease offers a certain amount of planning security for the tenant. Additional rent increases, which are not in the contract, shall not charge the landlord.
No, the Federal government has exempted the index for rent of rent cover. The aim of the Rent cap is that the rent is allowed to be at the conclusion of a tenancy agreement, a maximum of ten percent above the local comparative rent. In the case of new leases index leases must comply with these limits, but you can exceed in the course of the rental period, the rental price brake.
Since tenants are protected in the case of an index, the contract of lease of rent increases away from the percentage increase in the CPI, saw the Federal government in the case of index rent to be no reason for further regulation. The rental price brake is new and fully renovated apartments are also excluded.
The areas in which Rent control applies, you can post the länder themselves. The Federal constitutional court has confirmed the legality of the rental price brake in 2019.
Yes, also for Berlin-based index of the rental price is the rent due to the rental costs cover up to 31. December 2021, frozen. Both Index and season may rent since the 18th century. June 2019 will not be increased. The Rent cap is, however, legally controversial, and we examined currently by the Federal constitutional court.
As long as the Federal constitutional court has not declared the rent cover to be invalid, can the landlord deduct only some of the modernizations with a maximum of 1 Euro per square meter to rent.
- legally binding modernisation (for example the installation of smoke detectors)
- energetic improvement of the building
- Removal of barriers in the apartment
The rent cover does not apply to new buildings, products from January 2014, for the first Time this year. The Index and season of rent of such buildings remain from the provisions of the rent cap unaffected.