Rented apartment with furnishings
April 27, 2011 | 30,00 EUR | answered by Tobias Rösemeier
Hello,
I have a condominium that I rented out on 01.12.2008.
The apartment was fully furnished by me.
Current value is approximately 3500 to 4000 euros.
The apartment is 50 square meters, 2 rooms + kitchen/bathroom.
Rent is 320 euros cold + 10 euros for the cellar.
A few weeks ago, a rent index for the Hanover region was released for the first time.
I thought I could increase the rent, but it stated "not valid for furnished apartments."
As I see it, my apartment is definitely worth 500 euros
and now I am not allowed to increase because the rent index is not valid. What is valid for me then?
Please provide a legal way for me to increase the rent. Remember, I am over 10 euros above the comparative rent but, keep in mind, it's an empty apartment.
I have furniture, and that must be worth more.
Furniture wears out faster than living spaces.
Can I take a furnishing allowance?
Are there any recent court rulings for my case?
I know a ruling from the LG Berlin about a 2% surcharge
but that was in 2003. The tenant protection association that I am a member of says I could claim 11% per year (modernization), but I have read that this must be applied for no later than 6 months after.
It is also very difficult to obtain information on 3 comparison apartments with names and addresses because no one gives out this data.
Please provide me with 1 option to increase the rent that is legally valid.
Sincerely yours,
Dear questioner,
I will answer your question taking into account the facts you provided for the purpose of legal orientation as follows:
If it is a normal furnished apartment - not a granny flat - there are generally no special legal considerations to be taken into account. Naturally, an appropriate surcharge for the furniture is made in assessing the rent, which may amount to up to 40% of the total rent.
Under the given circumstances, a rent increase referring to the local comparative rent is also possible and permissible.
In this context, it should be noted that the remark that the rent index for the Hanover region is not valid for furnished apartments refers to the fact that the furnishing surcharge is not included here.
The Berlin Regional Court confirmed the permissibility of a rent increase for a furnished apartment based on the rent index in its decision 63 S 365/01, with the furnishing surcharge to be added to the local rent.
According to the German Tenants' Association (DMB), when assessing the furnishing surcharge, the current value of the furniture at the time of the request for increase should be considered. The Berlin Regional Court assumes an average useful life of the furniture of 10 years. A surcharge of linear 2% of the current value is then applied.
The calculation of the surcharge in your case would be as follows:
Value of furniture 4,000.00 euros, current value after 2 years (with a useful life of 10 years) 3,200.00 euros, 2% furnishing surcharge per month 64.00 euros.
For the 50 square meter apartment, this means a monthly additional payment due to the furnishing of around 1.28 euros per square meter.
For your rent increase request, you should base it on the comparative rent from the rent index and then add the furnishing surcharge.
This should provide a reasonable way to adjust the rent.
There are currently no recent court decisions available.
A rent increase due to modernization is not possible due to the lack of legal requirements.
In addition, §§ 558 ff BGB apply to the rent increase request.
I hope I was able to explain the legal situation clearly to you. Please note that online consultations cannot replace a thorough in-person legal consultation based on documents.
Best regards,
Tobias Rösemeier
- Lawyer -
