My rent was just increased by 40euros by my landlord, and I read [online](https://www.iamexpat.de/housing/rentals-germany/rental-contracts-housing-rights)(re: *Staffelmiete* section) that it is illegal to do so in the first 12 months of your lease.
It is stated in my contract that they can raise rent to cover increased operating cost, but this is confusing. By logic, this means they can raise the rent but only after a 12-month period. My tenancy is only 8 months.
Background: This is in BaWu. The rent increase is 6.67%.
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Because we’ve had a few posts recently that conflated this: Are they actually trying to raise the base rent, or are they trying to raise the Nebenkostenvorauszahlung (that is the estimate for utility costs)?
It sounds like the Nebenkosten are being raised, not the rent. The rent is the money that actually goes to the landlord. The Nebenkosten cover other costs. This usually includes heating, which is likely why it’s being raised. While you may be able to reject the increase, you’ll likely then just end up owning money based on your usage anyway.
Are they actually raising the actual *rent* (“Kaltmiete”, “Nettomiete”), or the advance towards operating cost (utilities, services, property tax, etc.; “Nebenkosten-/Betriebskosten-Vorauszahlung”)?
For the former, check [§557-559b BGB](https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p2105) (link goes to the English version) if any of it applies. It is somewhat dense legalese, but if you read it a few times, actually pretty clear.
They can’t legally *demand* the latter either. That’s only possible after the yearly statement, to make the monthly advance match last year’s actual cost more closely ([§560 (4) BGB](https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p2178)). But you should definitely see their request as a wake-up call to start saving for the next operating cost statement. With the currently exploding energy prices, unless you drastically cut your heating (obviously not right now, but keep that in mind for when it starts to get colder) and hot water usage, it is going to be hefty!