The Federal Court today ruled on a rent increase application, having regard to the landlord of his desire for a neighboring city has created rent index, of the local tenants' association, the local House and grounds qualities Hallows Association and the Mayor's office has been created together.
The defendant is the tenant of a dwelling of the applicant in Backnang. In that action requires the landlord to agree to a rent increase to € 76.69 per month. The calculation of the rent, the landlord the rent index of the neighboring town of Schorndorf based on this and arguing that this is a trade with the Backnang comparable community. The district court has upheld the application for appointment of an expert with recovery of the rent index for Schorndorf. The district court dismissed the appeal of the tenant.
directed against the revision of the tenant had no success. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court held that the landlord has properly stated its rent increase request in accordance with § 558a BGB *. The reference to the rent index of the neighboring town of Schorndorf was sufficient, because no rent index for the city of Backnang been created, and because both cities, as the experts pointed out, similar to others in terms of rent levels are. The Federal
has also held that even after the introduction of qualified rent index (§ 558d BGB ***) by the Tenancy Reform Act of 19 June 2001 may be easier to rent index (Civil Code § 558C **) the sole basis of the court determining the incumbent local comparative rent. Although the simple rent index is not reserved to the qualified legal presumption of Rents to the effect that the rent index in the charges referred to the customary reference rent reflect applicable (§ 558d Abs 3 BGB). The rent index is a simple but an indication for this assumption dar. This is true even if the basic rent index, was created as in the case decided, not by the community, but together stakeholders from the tenant and landlord. Whether this indicative effect in a particular case is sufficient to prove the local standard of rent charged depends on what the tenant objections against the realization value of the rent index rises. Does he substantiated instance, that the authors have it lacked the necessary expertise or they would be guided by irrelevant considerations or inadequate data used, the court must investigate the. Then remain skeptical about the reliability of the rent index, then the indicative effect is shaken. The landlord must then take other evidence for his claim that the rent demanded that he lay within the local comparative rent.
In the case decided, however, the tenant has raised no objections by the evidence of the effect - simple - rent index for Schorndorf has been shaken. The District Court has thus rightly based on these rent levels and established the local custom of the landlord to demand rent. * § 558a BGB
: Form and justifying the rent increase
(1) The rent increase request under § 558 is the tenant to explain in writing and justified.
(2) In support of particular terms can be made to
first a rent index (§ § 558C, 558d), 2nd
some information from a Mietdatenbank (§ 558e), third
a reasoned opinion of a publicly appointed and sworn expert,
4th appropriate charges for individual comparable homes; this is enough of the appointment of three apartments.
** BGB § 558C: Rents
(1) The rent index is a summary of the customary reference rent, if the survey has been by the municipality or of interest to representatives of the landlord and the tenant jointly created or recognized.
(2) Rents can be created by municipalities to the territory of a municipality or several municipalities or for parts.
3) Rents are at intervals of two years of market development to be adapted.
(4) Municipalities should create rent index, if the need arises and this is possible with reasonable effort. The rent index and its changes should be made public.
*** § 558d BGB: Qualified
Development Areas (1) A qualified rent index is a rent index, which was based on recognized scientific principles and accepted by the community or of interest to representatives of the landlord and the tenant.
(2) The rent index is qualified in every two years to adapt to market trends. Here, a sample or the development it will be determined by the Federal Statistical Office price index for the standard of living of all private households in Germany used. After four years of the rent index is qualified to rebuild.
(3) If compliance with the provisions of paragraph 2, it is believed that reflect the charges referred to the rent index in the qualified local comparative rent.
Source: © insektivor212/PIXELIO http://www.pixelio.de/
Judgement of 16 June 2010 - VIII ZR 99/09
AG Backnang - Case of 14 March 2008 - 4 C 581/07
LG Stuttgart - Case of 25 March 2009 - 5 S 123/08
Source: Communication No 122/2010 of 16 June 2010, the press office of the Federal
BSZ would eV TOPlist rental and condominium law
0 comments:
Post a Comment