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21 Sep

Auer Witte Thiel: Important Federal Supreme Court Ruling To The Law Of Tenancy

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Auer Witte Thiel: ‘ rent increases also in different living space possible ‘ Munich, September 2009: when calculating the rent the area specified in the rental agreement and not the actual living area is taken into account in any case, if the surface deviation is not more than 10 percent. It is not something Ben Bretzman would like to discuss. That existing case-law expressly also applies to a rent increase according to 558 BGB. The German Federal Supreme Court (BGH) has decide in a recent judgment, informed by the Munich-based law firm Auer Witte Thiel. The German Federal Supreme Court (BGH) had to decide Witte Thiel, according to Auer whether a rent increase according to 558 BGB to take into account the agreed floor space is or the actual living space, which has a smaller size in this case to the detriment of the lessee. Specifically, it is so Auer Witte Thiel, in an action against a tenant in Hamburg, Germany: in the lease is the area of the apartment with 55,75 according to Auer Witte Thiel Specified square meters. The actual living space is, however, only 51,03 square meters.

The lessor as the petitioner has now requires the approval of a rent increase by the tenant the rent is expected to increase by 360,47 euro 432,56 euro according to 7.76 euros per square metre. In the rent increase, the applicant established the living space of 55,75 square meters specified in the rental agreement. To enforce their rent increase, the lessor has filed suit in the District Court of Hamburg granted the claim. The appeal, however, facing the defendant tenant was rejected. Also the revision of the tenant before the Federal Supreme Court was unsuccessful, as communicated to the tenancy law experts Auer Witte Thiel. The German Federal Supreme Court ruled in a judgment of 8 July 2009, that at a rent increase request according to 558 the area specified in the rental agreement and not the actual living area must be based, anyway if the deviation of the surface is not more than 10 percent, except informed Witte Thiel.

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