Tenancy law guides

Index-linked rent: how it works and how to check every increase

With index-linked rent (Indexmiete), your basic rent follows the consumer price index of the Federal Statistical Office (Statistisches Bundesamt, Destatis) (Sec. 557b BGB). The landlord may only change it once it has remained unchanged for at least one year, and only in proportion to the new index figure compared with the old one. There is currently no upper limit. The landlord must declare the increase in text form, stating the change in the index and the new amount, and you pay it from the month after next following receipt.

Notice for own use: the tenant cannot find a new flat

If, after a notice for own use (Eigenbedarf), you cannot find a flat despite a serious search, this can be a case of hardship: under Sec. 574 (2) BGB, there is hardship if suitable alternative housing cannot be obtained on reasonable terms. You can then object to the notice and demand that the tenancy be continued, in text form and no later than 2 months before the end of the tenancy (Sec. 574b BGB). Nobody may remove you from the flat without a court judgment, and even after that, the court can grant a period to vacate of up to one year (Sec. 721 ZPO).

Notice for own use after a purchase: when may the new owner give notice?

A notice for own use (Eigenbedarf) after a purchase is possible in principle: on the transfer of ownership, the buyer takes over the tenancy agreement (Sec. 566 BGB) and can then give notice for own use like any landlord. A blocking period of 3 years only applies if the flat was converted into a freehold flat after the tenant moved in, or went to a partnership or to several buyers who do not belong to the same family or the same household (Sec. 577a (1) and (1a) BGB); by state ordinance, it can be up to 10 years (Sec. 577a (2) BGB). After the blocking period has expired, the normal notice period of 3, 6 or 9 months also applies.