That landlord at a rent below the ceiling, was also decided in a recent ruling by the highest German civil court. A landlord wanted to increase the monthly rent of 234 € to 270 €. The tenant objected, arguing that within the possible range of rent increase that results from the rents of comparable dwellings, only a mean value is admissible.
The Bundesgerichtshof (BGH) ruled that the rent may be raised to the highest value of the local comparative rent. This is true even if no rent index is available, but a landlord has the comparative rate determined with the aid of an opinion. While rents may rise in three years by more than 20 percent. But this is true only if not the customary reference rent is exceeded. A landlord does not need to choose an average value within the local comparative rent, and be allowed to go to the upper limit (BGH, Judgement of 21.10.2009, Az VIII ZR 09/30
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