Currently, the BGH decided that a rent increase is also permitted after successful modernization if an announcement of the work was not. Spring time of modernization. The winter shows often, what must be repaired and modernized in the House. The BGH (ruling by the 02.03.2011, AZ.) VIII ZR 164/10) decided this month that a rent increase is also permitted after successful modernization if an announcement of the work was not. Generally, the landlord is obliged to inform tenant 3 months prior to the action of nature, extent, expected start and duration of modernisation and repair work. Purpose is that the lessee can set up appropriate inconvenience or even limitations on the usability of the apartment and unreasonable hardness appeal.
Wants to raise the rent the landlord due to modernisation, he must call the estimated amount at the same time. Learn more at this site: Laura Carini. A modernization in particular is an improvement Leased property and savings of energy and water costs before. Here he must indicate at the same time to the expected cost savings, to allow a cost estimate of the future cost of rent the tenant. In case of substantial work in the rooms of the lessee must even information for specifically affected areas and expected structural changes (for example, access to a new balcony elimination of floor space, remodeling the bath when installing a bathtub). This does not fit the tenant he can in the presence of hardening either appeal or but assert an extraordinary termination right.
Otherwise, he has three months after completion of the work to pay the increased rent. Not announces the modernization of the landlord, the tenant must not tolerate such work if you intervene and lead to a substantial increase in rent on his living room. But what if the landlord without notice has modernized, about an outer insulation of the House has attached or built in an elevator? Purpose Notice is solely the information of the lessee. A proper Declaration of increase in rent is him only after the modernization, the Supreme Court pointed out that this has not the ineffectiveness of the boost to the result! The rent increase enters into force only after a prolonged period of six months. Again, the tenant has an extraordinary right of termination. Regarding modernisation, the procedures of proper rent increases and the rights of tenants and landlords, it is advisable to contact to avoid unpleasant surprises in lobbies for home owners and tenants or a lawyer. Lawyer Wiebke Meyer-Arndt, Bonn