Mietspiegel (rent index): What it means and how it caps your rent

A Mietspiegel (rent index) is an overview of local comparative rents drawn up by the municipality or by representatives of landlords and tenants. It classifies rent according to the location, size, year of construction and fittings of the dwelling, and gives a range in euros per square metre for each category.

The simple rent index is a recognised overview; the qualified rent index (§ 558d BGB) is prepared according to scientific principles and updated regularly. For the qualified rent index, there is a legal presumption that the values it states accurately reflect the local comparative rent.

For a rent increase under § 558 BGB, the landlord may go up to the local comparative rent at most. If your rent is already at the top of the range or above it, an increase is not permitted. If a qualified rent index exists, the landlord must even state its values in the increase demand (§ 558a BGB).

First determine the correct category for your dwelling by construction-age class, size, location and fittings. Read off the corresponding range and place your dwelling within it using the surcharges and deductions. Compare the value you arrive at with your current rent and the rent being demanded.

Compare the demanded rent with the range in the rent index, and also check the waiting period and the capping limit (Kappungsgrenze). If the demand exceeds the local comparative rent or is not properly justified, you do not have to agree to it.