Rent index

The rent index for the Saarpfalz district was compiled by the district administration - Department of the Expert Committee for Property Values - on behalf of all towns and municipalities. The implementation and updating was carried out in coordination and cooperation with the representatives of the "Mietspiegel working group". This is made up of representatives of the towns and municipalities in the Saarpfalz district, representatives of tenants' and landlords' associations and representatives of the tax office. The rent index was drawn up as a "qualified rent index" within the meaning of Section 558 d (1) of the German Civil Code (BGB) and updated after two years using the "cost of living index for all households in Germany" (Section 558 d (2) BGB).

Purpose of the rent index

The rent index is based on the German Civil Code (BGB). It provides an overview of the rents paid in the Saarpfalz district for privately financed housing of a comparable type, size, facilities, quality and location. In accordance with statutory regulations, apart from increases in accordance with Section 560 BGB (increases in operating costs), only rents that have been newly agreed (new contract rents) or changed (changed existing rents, rent increases) in the last six years are included. The rents shown in the qualified rent index are referred to as "local comparative rents" according to the legal definition.

Local comparative rent

"The customary local comparative rent is formed from the customary rents that have been agreed in the municipality or a comparable municipality for housing of a comparable type, size, furnishings, quality and location in the last six years or, apart from increases in accordance with Section 560 BGB, have been changed. This does not apply to housing for which the rent level has been determined by law or in connection with a subsidy commitment."

When adjusting current tenancies, the rent index offers the parties to the tenancy agreement the opportunity to determine the standard local comparative rent in accordance with Section 558 of the German Civil Code (BGB) on their own responsibility, without having to name comparative properties themselves or spend considerable time and money on expert opinions. The rent index can also serve as a basis for new leases.

Based on the provisions of Section 558 d (2) BGB, the qualified rent index must be adjusted to market developments every two years. After four years, a new qualified rent index must be prepared. If the provisions of Section 558 d (2) BGB are complied with, it is ensured that the rents specified in the qualified rent index reflect the customary local comparative rent. This fact is of great importance, particularly in court proceedings regarding the rent level.

Legal requirements

A termination notice with the help of which the landlord wants to enforce a rent increase (change notice) is not permitted by law. However, according to Section 558 BGB, the landlord can demand the tenant's consent to a rent increase up to the amount of the standard local comparative rent if

• the previous rent for the flat has remained unchanged for fifteen months (apart from rent increases due to modernisation measures, increases in operating and capital costs, cf. section 559 et seq. and section 560 BGB),
• the rent has not increased by more than 20 % within a period of three years, again apart from increases in accordance with §§ 559 ff. and § 560 BGB (capping limit, cf. § 558 Para. 3 BGB).

The landlord is not entitled to a rent increase if and as long as an increase is excluded by agreement or the exclusion arises from the circumstances, in particular if the tenancy has been agreed for a fixed term with a fixed rent (see Section 557 BGB). Special regulations apply to graduated rental agreements in accordance with Section 557 a BGB.

Spatial and material scope of application

The qualified rent index relates to privately financed housing that is not price-fixed. Therefore, according to §§ 549, 558 ff. BGB, it does not apply to:

• price-linked housing (especially social housing);
• Living space that is only rented out for temporary use;
• wholly or mainly furnished living space that is part of the dwelling used by the landlord himself, unless it is provided to the tenant for permanent use with his family or with persons with whom he maintains a permanent joint household;
• Housing that a legal entity under public law or a recognised private welfare organisation has rented in order to provide it to persons with urgent housing needs;
• Accommodation that is part of a student or youth hostel.

The following rents were not taken into account in the survey for the qualified rent index

• Rents for flats that were rented outside a defined four-year period and for which there has been no rent increase since then (cf. section 558 (2) sentence 1 BGB);
• favoured tenancies (unusual rent payments by relatives, friends, etc.);
• Flats that are used (partially) for commercial purposes;
• completely or predominantly furnished flats (kitchen equipment and permanently installed furniture are excluded);
• Caretaker, company or official flats.

Further information and explanations on simple and qualified rent indices can be found in the brochure "Handlungsempfehlungen zur Erstellung von Mietspiegeln" (in German) published by the Federal Ministry of Research on Building, Urban Affairs and Spatial Development.

Current information on the preparation of the rent index 2026 can be found in the press release dated 16 July 2025