> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/mietanpassung/staffelmiete/mieterhohung-staffelmiete.md).

# Rent increase: graduated rent

This page explains how to enter the parameters for a graduated rent correctly in the rental agreement assistant.

## Rent increase: graduated rent

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Please observe the statutory requirements of Section 557a BGB:

* **First increase**\
  Enter the date on which the first rent increase is to take effect. The rent has to remain **unchanged for at least 12 months (Section 557a (2))**, so the first increase is only permissible after 12 months plus 1 day. If a graduated rent is agreed with a stage of less than a year (even if it falls short by only one day), the entire graduated rent agreement can become invalid [(Regional Court of Berlin, ref. 63 S 179/03)](https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=LG%20Berlin\&Datum=06.02.2004\&Aktenzeichen=63%20S%20179/03).
* **End of the graduated rent**\
  Enter the date of the last rent stage. In the Immodio rental agreement the graduated rent can only be agreed for a period of 10 years. An end to the graduated rent is therefore mandatory, because it is legally necessary to list every individual increase in the rental agreement; terms of unlimited length cannot be agreed.
* **Interval in months**\
  Enter the increase interval you want in months. Note here too: the rent has to remain unchanged for at least 12 months (Section 557a (2)), so the interval has to be at least 12 months in each case. A shorter interval can render the graduated rent agreement invalid, which is why Immodio automatically points this out if the interval is too short.
* **Amount of the increase**\
  **Rent control** (where it applies) applies to every individual stage, so the new rent may not be more than 10% above the local comparative rent (Section 557a (4) BGB).
* **Unit of the increase**\
  Choose whether the rent is to rise **in euros or as a percentage** per stage.

  * With **euros** you enter a fixed euro amount.
  * With **percent** Immodio calculates the corresponding euro amount automatically.

  Only **absolute amounts (euros)** may be used in the rental agreement itself, which is why Immodio converts the percentage figures automatically and lists the absolute amounts in the rental agreement.
* **After the graduated rent expires**\
  Define how the rent can be adjusted in future **once the graduated rent agreement ends**:

  * **Comparative rent:** adjustment to the local rent under Section 558 BGB.
  * **Index-linked rent:** adjustment in line with the consumer price index under Section 557b BGB.

  An expiry of the graduated rent is mandatory because it is legally necessary to list every individual increase in the rental agreement; terms of unlimited length cannot be agreed.

{% hint style="danger" %}
Within a graduated rental agreement, the capping limit under Section 558 (3) BGB does **not** apply to the agreed rent stages. The capping limit restricts rent increases to a maximum of 15% (or 20% depending on the region) within three years, but applies exclusively to rent increases under Section 558 BGB (increases up to the local comparative rent).

When setting the stages, however, you should bear in mind that exceeding the local comparative rent by more than 20% can constitute **excessive rent under Section 5 of the German Economic Offences Act (WiStrG)**. If the rent is **more than 50% above the local comparative rent**, this can fulfil the **criminal offence of rent profiteering under Section 291 of the German Criminal Code (StGB)**. In such cases the rent increase is invalid and can be challenged legally.
{% endhint %}