The rent standard is an overview of the local comparative rent ("§ 558c BGB) in freely financed housebuilding. It is set up by cities (rare even of larger municipalities) in co-operation with relevant groups of interests (e.g. tenant and landlord federations, real estate agent etc.) and refers spatially to the respective city or municipality.

Depending upon the local conditions a rent standard contains different categories with different developments, with whose assistance the characteristics of a dwelling in the area of application of the rent standard are described and which with the estimation of the usual rent to be consulted to be able. Such categories and possible developments e.g. are:

• Urban district, in which the dwelling is
• Situation of the house (traffic noise, binding, public infrastructure, building density, environment vegetation etc.)
• Year of construction of the house
• Quality of the housing equipment (furnace or central heating, interior or external toilet, Parkettboden, sound-absorbing windows etc.)

The rent standard contains instructions, how the different characteristics and equipment characteristics of a dwelling are to be evaluated and thus the rent of a comparable dwelling affect. For a dwelling in-grouped after the intended categories the rent standard proves then the average rent and those the rent standard underlying rent span for a in such a way classified dwelling. On the basis of a concrete housing offer it can be determined then whether the required rent is local and appropriate or not. When offerers of a dwelling again one can use the rent standard in order to measure the approximate rent, to which one knows the dwelling which can be offered probably letting. With disputes over a rent increase demand both parties can consult the rent standard in order to prove the correctness of the own position. The data contained in the rent standard apply thereby also in the context of a judicial argument as evidence.

But a landlord can tighten limiting comparative rent during a rent increase it also alternatively over an independent renting data base, at least three comparable objects and or an expert opinion, it is, it acts with the rent standard around a so-called qualified rent standard.

qualified rent standard

A qualified rent standard oh BGB "§ it concerns 558, if it is compiled after scientific principles every two years, of representatives the landlord (for example house and reason of registered association), who is recognized tenants (for example the local tenant association) and the municipality ("§ 558d BGB). Exeptionally he may be adapted after two years also by an adjustment with the help of cost of living index for entirely Germany, before after altogether four years its creating anew is compelling. It is published in the Officials Journal of the municipalities.

With a qualified rent standard the designated rent spans apply as applicable, and only the classification can be judged within these spans in the further view.

Span classification

The spans indicated in a rent standard are supplemented regularly by an assistance for span classification. It concerns a catalog of criteria, by which a dwelling is judged as better or more badly than the average value. The highest span value corresponds to a dwelling for only the positive characteristics applies, and in reverse. Also still exceptions can be defined with such an assistance for span classification, with which a deviation from the proven span is possible.

These assistance for span classification rank not among the official part of a qualified rent standard and are quite contentious with your possible point patterns. For the classification of a dwelling therefore also the classification can be consulted for the time of the renting conclusion. If a dwelling lies with conclusion of a contract in relation to the average value of one span, then the change of the average value shows the change of the general rent development, it is:

- to finally terminate it an unusually favorable rent around an emptying and. - in the meantime the criteria of the span classification changed fundamentally and equipment formerly up-to-date are today as old-fashioned to be regarded.

After the iurisdiction it is thing of a court on it to decide whether for the span classification an appraisal is necessary, as party lecture can it the questions define, which a legal opinion has to answer. With a qualified rent standard an appraisal must take on this purchase.

The span classification is not arbitrary. A landlord cannot appoint himself without proof to the highest value, because also this lies within the span. Such a rent increase demand can be formally correct - however no chance for confirmation before court has.

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