Rental Database

Rent Database - A rent database is a systematic collection of rent data maintained jointly by the municipality and representatives of landlords and tenants (Section 558e of the German Civil Code (BGB)). It serves as a tool for determining the local comparative rent and can be used as an alternative to or in addition to the rent index-particularly in cases of rent increase requests under § 558 BGB.

Distinction from the Rent Index

While a rent index provides a tabular overview of local comparative rents for various housing categories, the rental database contains the underlying individual data records. It allows for a more customized analysis-e.g., by exact address, year of construction, amenities, and apartment size. In practice, only a few cities maintain their own rental database; the rent index is more commonly used as the standard tool. Rental databases have the same evidentiary value in court as a simple rent index.

The most important conceptual difference lies in timeliness and granularity: A rent index is typically updated every two years and reflects average values for broad categories. A rent database can be updated more frequently and allows for a more customized analysis of specific property characteristics. At the same time, the data set of a rent database is often smaller than that of a large rent index, which reduces its statistical reliability.

Legal Status and Evidentiary Value

According to Section 558e of the German Civil Code (BGB), the rental database must be maintained by the municipality or jointly by representatives of landlords and tenants. A privately maintained collection of data from individual owners or real estate agencies is not a rental database in the legal sense and cannot be used as grounds for rent increases under Section 558 BGB.

The evidentiary value of the rent database corresponds to that of a simple rent index (Section 558c of the German Civil Code), not that of a qualified rent index (Section 558d of the German Civil Code). A qualified rent index, which is compiled according to recognized scientific principles and has been approved by the municipality or by stakeholders, enjoys a legal presumption of validity-the rent database does not have this privileged status. In court proceedings, the accuracy of the values derived from the database must be proven in the event of a dispute.

Implications for Rent Increases

When increasing rent, landlords can rely on the local comparative rent under § 558 BGB and refer to the rent database for this purpose. The advantage: The data is more up-to-date and tailored to individual cases than a rent index, which is updated only every two years. Tenants can also use the data to verify the reasonableness of a requested rent increase.

As an alternative justification-if neither a rent index nor a rental database is available-the landlord can name three comparable apartments with corresponding rents or submit an expert opinion on the local comparative rent. The latter is more expensive but carries the highest evidentiary weight in court.

Practical Tip for Landlords in Nuremberg

In Nuremberg, the local comparative rent is primarily reflected in the Nuremberg Rent Index, which is updated regularly. There is currently no separate rent database in Nuremberg as defined by Section 558e of the German Civil Code (BGB). The current Nuremberg Rent Index is available on the City of Nuremberg website (nuernberg.de) and at the Office for Housing and Urban Development and is considered a qualified rent index with correspondingly high evidentiary value.

We recommend that landlords use the current rent index as the basis for rent increases and additionally identify three comparable apartments that justify a higher rent. In surrounding municipalities of the Nürnberger Land or Roth districts that do not have their own rent index, landlords must rely on comparable apartments or an expert appraisal. We assist landlord clients in preparing rent increase notices that comply with legal requirements.

Frequently Asked Questions

Does the rent database have the same evidentiary value as a qualified rent index?

No. A qualified rent index (Section 558d BGB) has a presumption of correctness regarding the reported values in court. A rent database does not have this special evidentiary value-but it is admissible as evidence and may be relied upon by the court.

Who has access to the rent database?

The rent database is generally available to landlords, tenants, and their representatives. Providing information may be subject to a fee. Personal data regarding individual tenancies is not disclosed-only anonymized analyses.

Can I use my own rental database as justification for a rent increase?

No. A privately maintained collection of rental data is not a rental database within the meaning of § 558e BGB. The database must be maintained by the municipality or jointly by representatives of landlords and tenants in order to be recognized as grounds for a rent increase.

What should I do if my municipality has neither a rent index nor a rent database?

In this case, landlords have two additional options for justification: They can identify three comparable apartments for which a corresponding rent can be verified, or obtain an expert opinion on the local comparative rent. The expert opinion is the most expensive option, but it carries the strongest evidentiary weight and is particularly recommended in disputed cases.

Are there digital rent databases or portals that help landlords?

In addition to official municipal tools, various real estate portals (such as ImmobilienScout24 or Immowelt) offer rent information in the form of market overviews. However, these are not rent databases within the meaning of Section 558e of the German Civil Code (BGB) and therefore cannot be used as legally recognized justification for rent increases. They are, however, suitable as an informal guide and as a supplement to formal evidence. We recommend that landlords use such portal data only as a rough market overview and rely exclusively on legally recognized instruments for formal rent increase proceedings.

Rent Database vs. Rent Index: Pros and Cons

For municipalities wishing to establish a rental information system, the question arises as to whether a rental database or a rent index is the more suitable tool. Thanks to its tabular structure, the rent index provides an easily understandable benchmark and, when prepared properly, enjoys a legal presumption of validity. The rental database allows for more granular analyses but requires continuous data maintenance and is less widely used. In practice, the rent index is the more common tool in major German cities-rent databases primarily play a role in regions where there is insufficient statistical data to support a comprehensive rent index. In municipalities in the Nuremberg area that do not have their own rent index, the maintenance of a shared rent database by property owners’ associations (e.g., Haus & Grund) and tenants’ associations can be a useful supplement.

Back to the Real Estate Glossary.