The Federal Court has confirmed its decision of 06.16.2010 Az V ZR 193/09 its previous case law on this issue.
The decision by the Supreme Court allowed a landlord if he may require the tenant to agree to a rent increase, then fall back to a neighboring city rent index, when a Rents in the town is situated in the leased property, is not available and could otherwise be resolved only by an expert opinion, what is the customary rent.
However, the tenant objections to want to help when it comes to the lack of comparability also the local situations of both cities.
Any other assessment is prohibited, the Supreme Court, otherwise the presumption of § 558 d BGB would be undermined III.
would like to point to this Supreme Court decision, lawyer Dirk Witteck, head of the below information centers.
photo: Dirk Witteck lawyer, head of the counseling center Aschaffenburg and Dieburg of tenant assistance eV
photo: Dirk Witteck lawyer, head of the counseling center Aschaffenburg and Dieburg of tenant assistance eV
tenant assistance eV
counseling Aschaffenburg
adhesive 6-8
63739 Aschaffenburg Phone: 06021/365816
tenant assistance eV
counseling Dieburg
stock Strasse 49
64807 Phone: 06071/9816816