Rising energy prices have been posing challenges for landlords for months. To cope with the financial burden, many of them use direct and indirect rent increases. But is that even legal? And if so, what scope is there? This article provides the most important answers.
Indirect rent increases: Legality of higher advance payments
In principle, landlords are entitled to adjust the additional costs and to increase the monthly installment payments. However, they are not allowed to do this arbitrarily in any amount, but only on the basis of the utility bill. If, for example, last year's advance payments were not sufficient or the energy suppliers have already announced price adjustments, the discounts can be increased.
The prerequisite for this is that landlords have already submitted a statement for the current year. If this results in large increases and the tenants have to pay a lot of additional money, the landlord can increase the advance payment. This approach has caused debate among tenants and landlords. In order to be able to pay bills for oil, gas and district heating, many landlords demand higher advance payments before the bill is available. However, this is not permitted.
But: Even if the deductions do not increase, additional claims for additional costs must be paid. And this means that high costs quickly become due all at once. It is therefore a good idea to voluntarily agree on higher payments with the landlord. This way you avoid high additional payments later. In addition, if possible, you should Energy saving potential to use.
Direct rent increase due to energy costs
Even before the Ukraine war, the price of gas in Germany had increased significantly. In addition, there was also an increase in the price of oil, which had an impact on the prices at the gas stations and thus indirectly on all other costs, for example for transport. As a result, many people in Germany now fear that not only the utility bills will increase in the future, but also the rent itself.
In this context, experts point out that rents in Germany are generally inflation-proof. There is no legal basis for a rent increase based on inflation. If the local rent is calculated based on the rent index, landlords are not allowed to apply any additional inflation surcharges.
However, regardless of factors such as rising energy costs, heating costs, gas prices and CO2-Taxes have the right to increase the rent – by up to 20 percent within three years up to the local comparative rent. If the residential areas are particularly tense, a limit of a maximum of 15 percent applies. Once the rent has been adjusted, a further increase is only possible 15 months later. The situation is different if it is a rental agreement with an index rent. The contracting parties agree on a starting rent, which the landlord can increase according to the current inflation rate. The central benchmark is the consumer price index of the Federal Statistical Office. Here, the landlord may increase the rent a maximum of once per year, or at the earliest one year after the start of the tenancy.
Rent increase due to CO2-Tax – what is the legal situation?
The law on the distribution of carbon dioxide costs has led to the replacement of the previously usual assumption of heating costs by tenants. The goal behind this is to get the landlord or landlord to the CO2-tax, whereby the energetic condition of the property is the decisive influencing factor.
The CO is collected2-Tax since 2021. By pricing fossil greenhouse gases, it is intended to contribute to achieving Germany's climate goals. This applies, among other things, to gasoline, diesel, oil, natural gas, kerosene and coal. The levy will increase step by step until 2025. From 2026 it should be based on the market price for CO2-Certificates are collected. A price range of 55 to 65 euros is planned for 2026, which will no longer apply from 2027.
The levy had to be borne by the tenant until the end of 2022. From 2023, the legislature provides for staggered costs to be borne by tenants and landlords. The basis is a step model in which the CO2-Emission per square meter serves as a basis. The idea behind the model is to allow landlords to contribute more to the costs if their properties are less energy efficient. This is intended to make energy-saving renovations more attractive. If the buildings are very energy efficient, the tenant continues to bear the costs alone. There are exceptions for properties with limited renovation options and listed properties.
Conclusion – rent increases due to energy costs only under certain conditions
In principle, the monthly advance payments can be increased if there is a risk of high additional payments. However, the prerequisite for this is that the landlord has already submitted an invoice for the current year. In addition to this indirect rent increase, a landlord can also adjust the rent directly and independently of rising energy costs. However, the maximum limit is the local comparative rent.
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