The rent for a parking space is subject to different legal requirements than the rent for residential space. Landlords often wonder whether and under what conditions a rent increase is possible for a parking space rental agreement, especially if no residential space was rented at the same time. The legal framework here differs significantly from that of a traditional residential rental agreement.
Can the rent for a parking space be increased if no apartment has been rented at the same time?
If only a parking space or garage is rented, i.e., not together with living space, any rent adjustment is based exclusively on the rental agreement. The provisions on rent increases in residential tenancy law (Sections 558 et seq. BGB) do not apply, as no residential space is affected within the meaning of tenancy law.
What does this mean in practice?
If the rental agreement contains a clause on rent adjustments, the rent can be increased in accordance with this provision. If no such provision exists, the rent can only be changed by mutual agreement between the landlord and the tenant.
If no agreement can be reached, the landlord only has the option of terminating the lease agreement in the ordinary manner and attempting to re-let the parking space at a new rent.
What applies if the contract does not contain any provisions on rent increases?
If the rental agreement does not contain an explicit provision on rent adjustments, the landlord has no unilateral right to increase the rent. The rent can then only be adjusted by mutual agreement between both parties. A unilateral increase is not permitted.
Can the landlord terminate the contract if no agreement is reached?
Yes. If no agreement can be reached on the desired rent adjustment, the landlord can give notice of termination in order to re-let the parking space at a higher rent. However, this carries the risk that no new tenant will be found.
What is the legal situation if the parking space and apartment were rented together?
If the apartment and parking space were rented together —either in a single contract or in close temporal and spatial connection—the statutory rent increase regulation for residential space applies. According to current case law (including LG München I and AG Koblenz), the following applies in such cases:
- The rent for the parking space is part of the net rent for the living space.
- Even if the rental portion for the parking space is shown separately in the contract, no isolated rent increase is possible.
- Rent increases must be made uniformly in accordance with § 558 BGB.
Conclusion
1. Separate parking space rental agreement:
The possibility of a rent increase depends exclusively on the contract. If there is no provision, only a mutual agreement to adjust the rent is possible.
2. Combination of apartment and parking space:
If both are rented together, the parking space rental portion is part of the total rent and is subject to the legal regulations for residential rentals. A separate increase in the parking space rent is not permitted in this case.
Tip: Carefully check existing parking space rental agreements for provisions on rent adjustments. New agreements should include a clear and legally binding clause on rent adjustments to avoid disputes later on.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.