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Description of the
A rent index gives you an overview of the rents of comparable flats in the city or municipality. It contains reference points for this,
- whether the landlord's request for a rent increase is justified,
- whether the rent is permissible for a re-letting if the flat is located in an area in which the provisions of the so-called rent brake apply (Annex to Section 1 of the Tenant Protection Ordinance),
- whether the rent is fundamentally reasonable (outside the scope of the so-called rent cap).
The rent index shows the average net cold rent (local comparative rent) in euros per square metre per month on the basis of net cold rents that have been newly agreed or changed in the last six years. This comparative rent can be higher or lower for each individual flat. The criteria for this are listed in the rent index.
Decisive factors can be, for example
- Flat size
- Building age
- Residential area
- energy modernisation status and
- Equipment of the flat, for example central heating, built-in furniture, parquet flooring.
The local comparative rent may differ from the current market rent.
Rent indexes are drawn up by the cities/municipalities and by representatives of landlords' and tenants' interests, such as tenants' associations, homeowners' and landowners' associations. A city/municipality should draw up a rent index if there is a need for one.
Since 1 July 2022, municipalities with more than 50,000 inhabitants have been obliged to prepare rent indices.
As a rule, rent indices should be adjusted to market developments every two years.
There are rent indexes in many larger cities and municipalities.
Special information for the town of KitzingenNote
As the town of Kitzingen has fewer than 50,000 inhabitants, it is not required to publish a rent index. Consequently, there is currently no rent index available.
Prerequisites
As a rule, rent indexes can be viewed without any further requirements.
Costs
Since 1 July 2022, all simple and qualified rent indexes and their documentation must be published online free of charge. Reasonable fees may be charged for publication in printed form.
Legal basis
- § 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 indices and for the concretisation of the principles for qualified rent indices (Rent Index Ordinance - MsV)
- § Section 21 Competence Ordinance (ZustV)
Further links
- Information on the preparation of rent indices (this brochure will be revised in line with the new legal/regulatory situation)
- Information from the Federal Ministry of Housing, Urban Development and Building on the rent index
- Information from the federal government on the rent index reform
- Federal Law Gazette - Act on the Reform of the Rent Index Law (Rent Index Reform Act - MsRG)
Procedure
Find out on the Internet or from the relevant city/municipality whether a current rent index is available.
Special information for the town of KitzingenThere is currently no rent index available for the town of Kitzingen.
Notes
The law and the rent index ordinance distinguish between (simple) rent indices and qualified rent indices.
The qualified rent index is prepared in accordance with recognised scientific principles and is recognised by the municipality or by representatives of the interests of landlords and tenants. It must be adjusted to market developments after two years at the latest and revised after four years.
Responsible departments
Telephone
Notes
The services listed here are not provided by the town of Kitzingen.