Index rent

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The index rent is a variable rent for a property (apartment, commercial space). It is regulated in Section 557b of the German Civil Code (BGB ) for leases for living space .

The index rent is a value safeguarding clause , because the rent is not permanently fixed at a fixed value, but is based on a basic rent based on parameters that can be understood by both contracting parties , as if linked to a price index .

For the effective agreement of an index rent for living space, it is a prerequisite that

  • the reference basis is the consumer price index for Germany (CPI) published by the Federal Statistical Office (description in the law: "Price index for the standard of living of all private households in Germany"),
  • the rent remains unchanged for one year,
  • the rent increase is asserted in writing,
  • the calculation of the new rent claim is disclosed,
  • An increase due to modernization is only limited to those cases in which the landlord was prompted to modernize by legal or official requirements (e.g. to comply with exhaust gas values)
  • further rent increases up to the amount of the local comparative rent according to § 558 BGB are excluded.

In contrast to the provision for rent increases according to § 558 BGB, no declaration of consent by the tenant is required for the amount of the calculated increase in the index rent for residential space. The admissibility can be determined in a performance suit. The new, adjusted rent is due from the month after next after receipt of the adjustment declaration. In the case of commercial premises, other reference values ​​and shorter adjustment periods are permitted with reservation. The yardstick is that it is not a one-sided disadvantage to the detriment of the tenant.

In the case of commercial space leases, the prohibition in § 1 PrKG must be observed.

A variable rent with a contractually stipulated increase (e.g. with a 4% increase per year) is not an index rent, but a graduated rent .

In comparison with the limitation of a rent increase up to the local comparative rent according to § 558 BGB, which is otherwise provided for living space, the question arises of how the cost of living or another reference value develops in relation to the local comparative rent . This deviation must be taken into account when determining the value, since index rents, as being particularly long-term, are likely to lead to significant deviations between the cost of living and thus the rent from the local comparable rent.

As a rule, an index rent (e.g. due to the influence of the particularly rapidly rising energy costs) is likely to be higher than the rent development, which, however, is a measure of the long-term value of a property. If an income approach is used, a reduction in tenant fluctuation may be appropriate or should only be based on the local comparative rent from the outset.

literature

  • Kai-Jochen Neuhaus: Handbook of Business Premises Rent - Law Practice Administration Luchterhand, 4th edition 2011, 1572 pages with CD-ROM, ISBN 978-3-472-07998-9 .