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=S=> BGB 558. 1 The lessor may demand approval of an increase in rent up to the reference rent customary in the locality if , at the time when the increase is to occur , the rent has remained unchanged for fifteen months . The demand for a rent increase may be made at the earliest one year after the most recent rent increase . Increases under sections 559 to 560 are not taken into account .
=S=> BGB 558. 2 The reference rent customary in the locality is formed from the usual payments that have been agreed or , with the exception of increases under section 560 , that have been changed in the last four years in the municipality or in a comparable municipality for residential space that is comparable in type , size , furnishings , quality and location . Exempted from this is residential space where the amount of rent has been stipulated by law or in connection with a promise of sponsorship .
=S=> BGB 558. 3 In the case of increases under subsection ( 1 ) , the rent may not be raised within three years , except for increases under sections 559 to 560 , by more than twenty per cent ( capping limit ) .
=S=> BGB 558. 4 The capping limit does not apply if a duty of the lessee to make compensation payments under the provisions on the reduction of improper subsidisation in housing has lapsed because the public-sector connection has ceased , and to the extent that the increase does not exceed the amount of the most recently payable compensation payment . The lessor may at the earliest four months prior to the cessation of the public-sector connection demand that the lessee inform him within one month of the duty to pay compensation and of its amount . Sentence 1 applies with the necessary modifications if the duty of the lessee to make a compensation payment under sections 34 to 37 of the Residential Housing Subsidisation Act [ Wohnraumförderungsgesetz ] and provisions of Land law issued thereunder has lapsed due to the repeal of rent control .
=S=> BGB 558. 5 From the annual amount that would result in the case of an increase to the reference rent customary in the locality , third-party funds within the meaning of section 559a are to be deducted , in the case of section 559a ( 1 ) in the amount of eleven per cent of the subsidy .
=S=> BGB 558. 6 A deviating agreement to the disadvantage of the lessee is ineffective .
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