Step-by-Step Guide: Rent Increase in Dresden
From the type of tenancy agreement to provable delivery — seven steps to a legally sound higher rent
This guide takes landlords through a rent increase under § 558 BGB. Work through the steps in order and tick off each point once it is done.
Check the type of tenancy agreement
Is there a standard tenancy agreement under § 558 BGB? Different rules apply to graduated (Staffelmiete) or index-linked (Indexmiete) rents — this guide is then not applicable.
Check the one-year period
The last rent increase must have been at least 12 months ago. The new rent only takes effect at the beginning of the 3rd month after the request is received.
Determine the rent index comparison value
Use the official Dresden rent index 2025 (www.dresden.de/mietspiegel → online calculator). Inputs: living space in m², year of construction, fittings level (basic / medium / good) and location.
Check the capping limit
Dresden special rule: maximum 15% over 3 years (Saxon Capping Limit Ordinance, reduced from the nationwide 20%). Formula: rent exactly 3 years ago × 1.15 = absolute limit. If the capping limit is lower than the rent index limit, the capping limit applies.
Set the target rent
The lower of the rent index limit and the capping limit is the maximum permitted new rent.
Drafting the rent increase letter
Most common source of error — this is where it is decided whether the request is valid.
The letter must be in written form (§ 558a BGB). E-mail is only permitted with the tenant's express consent. The justification is mandatory — via one of these three routes:
Do not simply write "rent index 2025". The court requires a complete, comprehensible classification. The letter must contain: the year of the rent index (Dresden rent index 2025), the chosen living-space group, the year-of-construction group, the fittings level and the location — as well as the resulting comparison value in €/m². The tenant must be able to follow the calculation themselves (transparency requirement). Anyone who states only the final figure risks an invalid letter.
State three flats with the full address (street, house number, floor), size in m² and monthly net cold rent. Anonymous details are not sufficient.
A certified surveyor prepares a rent valuation report. Costly, rarely used.
The letter must also include, without exception: the specific new rent in €/month (not just the increase), the effective date, and a reference to the tenant's 2-month period for consideration.
Deliver and document the letter
Provable delivery: personal handover with confirmation, registered post with proof of posting (Einwurf-Einschreiben), or a messenger with witnesses. No ordinary letter without proof. Record the date of receipt — the tenant's 2-month period runs from it. If the tenant does not agree: action for consent (§ 558b para. 2 BGB) within 3 months of the deadline expiring.
Key figures at a glance
Not legal advice, guidance only. As of: 2026.