Staffelmiete or Indexmiete: how to agree it (2026)

What are Staffelmiete and Indexmiete?

Both are agreements that let you, as a landlord, set a predictable Mieterhöhung (rent increase) in the lease itself – instead of having to justify each later increase individually against the Mietspiegel (local rent index).

• Staffelmiete (stepped rent, § 557a BGB): you fix exact euro amounts and dates. The rent rises on agreed dates to an amount stated in advance.
• Indexmiete (index-linked rent, § 557b BGB): the rent follows the Verbraucherpreisindex (consumer price index, VPI) of the Statistisches Bundesamt (Federal Statistical Office). It rises (or falls) as the index moves.

The most load-bearing shared rule first: with both models, a separate Mieterhöhung based on the Mietspiegel (§ 558 BGB) or modernisation (§ 559 BGB) is excluded for the duration (§ 557a Abs. 2, § 557b Abs. 2 BGB). You are committing to one path.

The rules of the Staffelmiete (§ 557a BGB)

• The increases must be written into the lease as fixed euro amounts, not as a percentage (§ 557a Abs. 1 BGB).
• Each step must stay unchanged for at least one year (§ 557a Abs. 2 BGB).
• A separate Mieterhöhung under § 558 or § 559 BGB is excluded.
• A contractual Kündigungsausschluss (waiver of the tenant's right to terminate) is capped at four years (§ 557a Abs. 3 BGB).
• In a tight housing market, the Mietpreisbremse (rent cap) applies afresh to each individual step, measured against the ortsübliche Vergleichsmiete (local reference rent) at the moment it takes effect (§ 557a Abs. 4 BGB).

The rules of the Indexmiete (§ 557b BGB)

• The agreement itself must be concluded in writing; an oral Indexmiete agreement is void (§ 557b Abs. 1 BGB).
• After a change the rent must stay unchanged for at least twelve months – so an adjustment is possible at most once a year (§ 557b Abs. 2 BGB).
• You assert the increase in Textform (text form), stating the index change that has occurred and the new rent (§ 557b Abs. 3 BGB).
• The Mietpreisbremse applies only to the Ausgangsmiete (starting rent), not to later index adjustments (§ 557b Abs. 4 BGB).
• Calculation: new rent = previous rent × (current VPI / starting VPI). The relevant index is the VPI of the Statistisches Bundesamt (base year 2020 = 100).

Achtung: A separate Mieterhöhung based on the Mietspiegel or modernisation is excluded for the duration of both models. Whoever agrees a Staffelmiete or Indexmiete gives up the § 558 BGB route for that period – this is the decisive difference from a regular Mieterhöhung.

Staffelmiete or Indexmiete – which fits?

Criterion	Staffelmiete (§ 557a BGB)	Indexmiete (§ 557b BGB)
Amount of increase	fixed euro amounts, known in advance	follows the VPI, unknown in advance
Frequency	as agreed, min. 1 year per step	max. 1× per year, min. 12 months
Form of adjustment	automatic on the due date	active declaration in Textform required
Mietpreisbremse	applies to each step	applies only to the Ausgangsmiete
§ 558 / § 559 possible?	no	no
Predictability	high (you know every amount)	inflation-dependent
Inflation protection	only if the step is high enough	tied directly to inflation

Rule of thumb: choose Staffelmiete for maximum predictability when you can judge inflation realistically. Choose Indexmiete when inflation protection matters more to you than a fixed figure.

Step by step

1. Choose the model – Staffelmiete or Indexmiete, depending on your planning goal.
2. Draft the clause – for the Staffelmiete, every amount and date in euros; for the Indexmiete, the VPI of the Statistisches Bundesamt as the reference.
3. Keep the written form – both models must be in the lease in writing (§ 557a Abs. 1, § 557b Abs. 1 BGB).
4. Check the Mietpreisbremse – in tight markets, measure the Ausgangsmiete (and, for a Staffelmiete, each step) against the Vergleichsmiete.
5. Document the dates – record the step dates and index adjustments and apply them on time.

Common mistakes

• Drafting a step as a percentage instead of a fixed euro amount – invalid (§ 557a Abs. 1 BGB).
• Raising a step before a year has passed.
• Asserting an Indexmiete increase not in Textform or without stating the index change.
• Raising the rent additionally under § 558 BGB during the term.
• Agreeing a Kündigungsausschluss beyond four years (§ 557a Abs. 3 BGB).

Planned 2026 reform (Mietrecht II)

Under the cabinet decision of April 2026, in tight housing markets the portion of an Indexmiete increase that exceeds 3.0 % per year is to count only at half towards the rent. The legislative process was not yet complete at the time of writing; check the current status before making an adjustment.

How HausMaus makes this easier

HausMaus stores the agreed rent schedule (Staffelmiete) or index link (Indexmiete) and applies each due step automatically to rent collection via the virtual IBAN – you never have to remember a due date. HausMaus files the lease and every adjustment in the document vault, and the rent overview shows you at any time which Staffelmiete or Indexmiete applies to which apartment.

See pricing – 1 % of collected rent, free for tenants →