Local rent index in Germany (Mietspiegel): how to use it

What the law calls a Mietspiegel

§ 558c (1) BGB defines it as an overview of the local comparative rent, to the extent that it was created or recognised by the authority competent under state law or by interest groups of landlords and tenants together. It may cover one municipality, several, or parts of a municipality (§ 558c (2)). Indexes should be adapted to market developments every two years (§ 558c (3)).

The competent state authorities should produce an index where there is a need and it can be done at reasonable cost. For municipalities with more than 50,000 inhabitants an index must be produced, and the indexes and their changes must be published (§ 558c (4)). The Federal Government may issue a regulation on content and procedure (§ 558c (5)). The number of towns that actually have one varies, since it depends on state law and on the municipality. Check the website of your town for the current index.

Simple and qualified indexes

A qualified index (qualifizierter Mietspiegel) is one created according to recognised scientific principles and recognised by the competent authority or by landlord and tenant representatives (§ 558d (1)). Two presumptions help:

• If it meets the requirements of a federal regulation for qualified indexes, it is presumed to have been created according to recognised scientific principles.
• If the authority and the interest groups both recognised it as qualified, it is presumed to meet those principles.

The qualified index must be adjusted to market developments every two years, based on a sample or on the consumer price index of the Federal Statistical Office, and re-created after four years (§ 558d (2)). The reference date is the date the data was collected. If this has been complied with, the rents shown are presumed to reflect the local comparative rent (§ 558d (3)). That presumption is rebuttable, which means that a party can try to show otherwise.

How a landlord uses it

When a landlord asks for a rise under § 558, the request must be justified. Reference to a Mietspiegel is the first listed ground in § 558a (2); the others are a rent database (§ 558e), a reasoned expert opinion from a publicly appointed and sworn expert, or three comparable flats. If the index gives ranges, a requested rent inside the range is enough (§ 558a (4)). If the index is a qualified one with figures for the flat, the landlord must state those figures even when relying on another ground (§ 558a (3)). If no index exists that meets the update rules, the Code allows another one, such as an outdated one or one from a comparable municipality (§ 558a (4)).

How a tenant uses it

You can check three things in the index:

1. The category of your flat: size, age or condition class, location, equipment. Each index defines its own grid, so read its explanation before finding your cell.
2. Whether the index is qualified, and its reference date. § 558a (4) allows an outdated index to be used if no current one exists.
3. Whether the requested rent sits inside the range for your category.

For the rent brake the same comparative rent is the benchmark: the starting rent may be at most 10% above it (§ 556d (1)). See rent brake and rent increase caps.

A worked calculation (a formula, not a real figure): if the index says the usual rent for your category is €9.00 per square metre and your flat has 60 square metres, the comparative rent is 60 x €9.00 = €540 a month; in a designated rent-brake area the starting rent could not exceed €594 (540 x 1.10) unless an exception applies.

Rent databases

A Mietdatenbank (§ 558e) is a continuously kept collection of rents maintained or recognised by the municipality or by landlord and tenant representatives together, from which information can be given on the comparative rent for individual flats. A request may be justified by information from such a database, but the Code does not oblige municipalities to keep one.

Other ways to prove the local rent

If there is no usable index, or you doubt it, a landlord’s request can rest on three comparable flats or on an expert opinion. Only the local comparative rent matters: rents fixed by statute or by subsidy conditions are left out when it is formed (§ 558 (2)).

What differs by state

The Civil Code is federal. The authority that produces the index, how it is published and whether it is a qualified one differ from town to town. Do not assume that an index from another state or town gives you your rent. Ask the municipality or a tenants’ association where the current index is published.

Which professional to consult

A property valuer can give a reasoned opinion on the comparative rent for a specific home. A tenants’ association or a lawyer specialised in tenancy can read an index with you. Payotte does not rank or recommend individuals.