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Court Makes Landlords Rent Increase Of Easier


A report by immowelt.de and IMMORO real estate are immediately lower the hurdles for a rent increase on the part of the lessor: this must not rely in its reasoning on a qualified rent index, a simple rent prices – which was created without scientific claims – is sufficient according to the German Federal Supreme Court (BGH) (AZ.: VIII ZR 99/09). Circumstances, this may come even from a neighbouring town, the judge ruled. See Related Group for more details and insights. And also an expert opinion is not necessarily required. In the case of negotiated, a tenant for a rent increase to monthly nearly 80 euros defended himself. They had justified the landlord the rent prices in the neighbouring municipality of, because this should be the place where the apartment is, compared. Ultimately, the Federal Supreme Court judges gave the landlord law. The Supreme Court made it clear though that a simple rent prices, how he’ll create for many communities through negotiations between tenant and landlord associations, have does not carry the same weight as a qualified rent prices created according to scientific criteria.

The an important indication of the usual rent could be simple rent prices. The tenants have the opportunity to defend themselves against an increase in rent, which is explained by a simple rent level, quite. He must put forward arguments in this case why a such rent prices can be no scale. About the Supreme Court cites as reasons of objection that the creators of competence have lacked, that extraneous considerations were incorporated or that the evidence was insufficient. In the present case the tenant but had brought nothing, what would have to shake the indication effect of simple Mietspiegels. Therefore, the increase in rent was permissible. Published by: IMMORO real estate service Wiesbaden Weihergasse 15 D-65203 Wiesbaden

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