Pach and Pach, the lawyers inform a fundamental judgment (BGH VIII ZR 99/09) the leases issued on June 16, 2010 the VIII. civil Senate of the Federal Supreme Court. In its eagerly anticipated decision, he confirmed the applicability of simple rent prices from neighboring communities to justify a rent increase. Report firm Pach & Pach, the specialists for tenancy law in Nuremberg, the judgment of the Federal Court. The decision was the revision suit of a Baden-Wurttemberg tenant from Backnang. The lower courts had not upheld the complaint against the increase of its rent to 76 euros as a result of the simple Mietspiegels of a neighbouring municipality. In the eyes of the applicant, the boost of his rent was not legal because the question simple rent index is not duly concluded.
The lower courts did not, follow his arguments on the basis of the opinion that a certified with Backnang comparable infrastructure and local rental of the neighbouring town of in question. The plaintiff then trod the way of a revision before the Federal Supreme Court. This has been rejected by VIII Civil Division of the Federal Court, who met a fundamental decision about the availability of simple Mietspiegeln to the grounds of rent increases in its judgment. The Supreme Court ruled that the simple rent prices as the basis for the judicial determination of a local hire. Learn more at this site: Cancer cells. This is also the case if he was not raised by the municipality in question, but this landlord and tenant interest community have worked together.
In the eyes of the BGH has the simple rent prices in comparison to the qualified version, based on the scientific work of an expert, a lower evidential value. The simple rent index is therefore as an indication of the level of local rental. As an indication, the credibility of the simple Mietspiegels can be shaken by the tenant argues objectively justifiable objections. The reliability of the simple Mietspiegels is questionable, for example due to lack of factual knowledge of its creator, so are dishes held office for further investigation. In the present revision action it was not possible to shake the credibility of the Mietspiegels the plaintiff in the eyes of the VIII. civil Senate of the Federal Supreme Court. This resulted in its validity with the result of an allowable rent increases. This judgment of principle of, it is now possible to consult disputes relating to rent simple rent index for assessing local rent courts of lower instances. From the perspective of landlords, the present judgment of the Federal Court of Justice allows the increase of rent simple rent prices based on unless the tenant unable to pull their reliability in court in serious doubt. Objectively justified doubts as to the customary of rents in the simple rent prices undermine his credibility and result in a judicial investigation. Basically, the recent decision of the BGH but facilitates the justification of rent increases. As well as landlords, renters can rely on a simple rent prices, for example, to proceed against unjustified rent increases. In an emergency this also applies rent a neighbouring municipality of comparable prices, if your community has no own rent prices. The tenancy law experts of the firm Pach & Pach are always open to questions and concerns on the subject of leasing. Press contact: lawyers Pach & Pach Schonhoverstrasse 31 90409 Nurnberg phone: 0911-56 92 28-0 fax: 0911-56 92 28 27 email: Homepage: