Value-enhancing features - surcharge on average rent
December 4, 2011 | 50,00 EUR | answered by Jan Wilking
Rent increase request is within legal limits at 20% over 3 years, with an additional 60% for value-increasing features such as 1. apartment, 2. building, 3. residential area - resulting in a rate of 5.43 €/m2, reduced to 5.25 €/m2 due to a cap.
This is 0.20 €/m2 higher than the average rent. Two written requests to the landlord for clarification on the three value-increasing features listed remained unanswered - according to the Federal Court of Justice, without specifying the features, the surcharge is not permissible.
In this case, is the rent increase request legally valid even without information from the landlord?
Dear inquirer,
I am happy to answer your inquiry taking into account the circumstances described and your effort as follows:
Formally, it is sufficient if the request for rent increase contains information about the facts from which the landlord derives the entitlement to the requested rent increase, to the extent that the tenant needs such information to pursue the entitlement of the rent increase and to be able to at least partially verify it (Federal Court of Justice, judgment of 12.12.2007, VIII ZR 11/07).
Therefore, it depends on the rent index that was used. If the rent-increasing features from the rent index are clearly visible, a further listing within the rent increase letter is usually not necessary. If the features are not visible from the rent index, especially when using a range regulation based on features not listed in the rent index, a detailed breakdown in the rent increase request is required (see Federal Court of Justice, judgment of 4 May 2011, VIII ZR 227/10).
I hope to have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that within the scope of an initial consultation without knowledge of all circumstances, I cannot provide a conclusive recommendation. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after inspecting all documents.
Best regards.
