The landlord had justified the increase with parquet flooring, a fitted kitchen, a balcony, and a quiet location with a view of greenery. However, during an on-site inspection, the court found that only laminate had been laid in the apartment – a standard material that does not justify a surcharge.
The judges did recognize surcharges for the fitted kitchen and the balcony. At the same time, they deducted a discount because the apartment had no washing machine connection and the tenant had to go to the basement to do laundry. The court did not give extra credit for the quiet location and green surroundings, as these features are already taken into account in the rent index.
According to the court’s calculation, the permissible rent was below the amount the tenant was already paying. Therefore, there was no entitlement to a further increase. The ruling (case no.: 120 C 378/24) shows that landlords must precisely substantiate their claims and that rent increases must be strictly checked against the rent index.
Source: www.faz.net
