BGH: Rent increase despite smaller living space
The case: Tenants approved four rent increases
One landlord requested a total of four rent increases over the years of the lease. Here she assumed around 114 square meters. The tenant agreed to all increases and paid the newly agreed rent. In the course of the fourth increase, the tenant determined an apartment size of just 100 square meters and therefore considered the rent increases to be unjustified. He reclaimed the allegedly overpaid rent in recent years.
The verdict: rent increase is reasonable
Among other things, the judges stated in the reasoning that the new, increased rent is still below the local comparable rent. For this reason, a corresponding contractual agreement has been concluded with the tenant's consent. Since the landlord could have implemented the rent increase even taking into account the actual apartment size, the BGH agrees with the landlord. (BGH Az. VIII ZR 234/18)
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