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Home/Law & Taxes/Germany/Mietrecht/Nebenkosten, Increases & Defects

Nebenkosten, Increases & Defects

The annual bill, rent increases, defects, and subletting — your rights in each.

Your annual utility statement — and why you should audit itOnce a year the landlord reconciles your Nebenkosten prepayments against actual costs. Strict legal deadlines apply on both sides, and tenant associations find errors in a large share of statements.When a rent increase is legal — and when to refuseLandlords cannot raise rent freely: increases up to the local comparative rent are capped at 20% (15% in tight markets) over three years, must be justified in writing, and need your consent — which you can withhold and let a court decide.Broken heating, mould, noise: your right to reduce the rentIf the flat has a significant defect, the rent reduces by law for the affected period — but only if you reported the defect. Reducing too much or on shaky grounds risks termination for arrears, so proceed carefully.Subletting legally: permission first, alwaysSubletting without the landlord's permission is a contract breach that can end in termination. For subletting part of your flat, however, tenants often have a legal right to permission — full subletting and Airbnb are a different story.
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