Existing rents

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Existing rents ( plural. ) Is a term from the Housing Tenancy and refers to the usual fees which have been agreed in a community of privately financed housing comparable type, size, equipment, condition and location, including energy facilities and texture in the last four years or modified ( Section 558 (2) BGB).

The existing rents denote the net rent excluding heating and operating costs . Existing rents do not include fees that have been agreed or changed earlier than in the last four years.

Based on the existing rents , the local comparative rent is determined, which can be the basis of a rent increase according to § 558 BGB. The local comparative rents can be summarized in a rent index ( § 558c BGB).

Because newly rented apartments, especially new construction rents, are becoming more and more expensive and the rent index is to be adjusted to market developments every two years ( Section 558c (3) BGB), the reference value - the existing rents - also increases. The so-called rental price brake should therefore limit the price increase for new rentals for which the rent index does not apply.

The existing lease for a specific rental ( inventory rent , Sing. ) Must also only in the context of § 558 para. 3 BGB to the so-called. Cap limit be increased.

Individual evidence

  1. Jürgen Schardt: The German comparative rent system and the Frankfurt rent index 2010 Johann Wolfgang Goethe University Frankfurt am Main , accessed on November 18, 2014
  2. Nicolai Kwasniewski: Nationwide Index: Rents Rise Throughout Germany Der Spiegel , February 2, 2017
  3. Newly built apartments have become significantly more expensive in: Federal Institute for Building, Urban and Spatial Research (Ed.): Small-scale housing market trends in large cities , September 2014, p. 13 f.
  4. Constitutional framework for the introduction of a so-called rental price brake Scientific Services of the German Bundestag , elaboration of April 29, 2014, p. 4