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Description of the
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.
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.
For the purposes of compiling a qualified rent index and adjusting it on the basis of a sample survey, owners and tenants of residential property are obliged, upon request, to provide the relevant authority with information as to whether the property is let, as well as the address of the flat.
Landlords and tenants of residential property are obliged to provide the relevant authority with information on the following details upon request:
- Commencement of the tenancy,
- The date and nature of the last rent increase, with the exception of increases under Section 560 of the Civil Code,
- Rent levels set by law or in connection with a grant commitment,
- Type of rent and rent amount,
- The type, size, fittings, condition and location of the let accommodation, including its energy-efficiency features and condition (Section 558(2), first sentence, of the Civil Code),
- The existence of special circumstances which have led to a reduction in the rent, in particular a family relationship between the landlord and the tenant, an employment relationship between the landlord and the tenant, or the tenant assuming special obligations,
- Address of the flat,
- The names and addresses of the tenants and landlords.
The obligation to provide information also applies to bodies commissioned by the competent authority to draw up or update a qualified rent index.
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
You are being asked to provide information about a property you have rented or let.Deadlines
The relevant authority will inform you of the deadline by which you must submit the data.Costs
noneLegal basis
- § Section 558d of the German Civil Code (BGB)
- § Section 558c 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 238 of the Act Implementing the Civil Code
Data processing and obligations to provide information for qualified rent indices
- § 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
You will be asked to provide data for the compilation of the rent index (usually in the form of a questionnaire).
The competent authority draws up a qualified rent index based on the data provided by the party required to supply information and data from public authorities (e.g. the registration office, the federal and state statistical offices).
Notes
Anyone who fails to provide information, or provides it late, incorrectly or incompletely, is committing an administrative offence. The offence may be punishable by a fine of up to five thousand euros.
Responsible departments
Telephone
Notes
The services listed here are not provided by the town of Kitzingen.