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Old 11.02.2018, 20:34
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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2.91% (=1-100/103) is the inverse of 3% increase that would apply if reference rate were raised by 25bp
98.1/91.1*40% = 0.43%, he can charge you even a little more than 0.41%

3% and 40% constants you can find in the quoted laws if you're not blind
Ivank, thanks for detailed reply!
BTW, previous CPI was 97.1 and not of 91.1, hence 98.1/97.1*40% = 0.40%
So they already charged 0.01% more

I read the laws once again, but unfortunately did not find the clause regarding 40% rule for CPI. Would you mind to provide QUOTE/UNQUOTE of exact paragraph?
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  #342  
Old 11.02.2018, 20:39
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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I read the laws once again, but unfortunately did not find the clause regarding 40% rule for CPI. Would you mind to provide QUOTE/UNQUOTE of exact paragraph?
"Zum Ausgleich der Teuerung auf dem risikotragenden Kapital im Sinne von Artikel 269a Buchstabe e OR darf der Mietzins um höchstens 40 Prozent der Steigerung des Landesindexes der Konsumentenpreise erhöht werden."

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Ivank, thanks for detailed reply!
BTW, previous CPI was 97.1 and not of 91.1, hence 98.1/97.1*40% = 0.40%
So they already charged 0.01% more
Actually sorry formula I posted was a bit wrong, one needs of course to substract 100% after dividing

In [1]: (98.1/97.1-1)*0.40*100
Out[1]: 0.4119464469618972

So 0.41% increase for inflation seems correct

There are tons of online calculators who'll perform these calculations for you, there's no need to do all of this by hand. Only thing to keep in mind when using them is that 0.5-1% pauschal increase for Kostensteigerung is subjective. HEV will of course tell you to jack it all the way up, MV will tell you it should be 0% in current economic climate, you can go to a court or Schlichtungsbehörde and get some other opinion. If landlord can produce some hard bills to back his number, those will prevail

Last edited by ivank; 11.02.2018 at 20:51.
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  #343  
Old 17.03.2019, 00:20
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

Hi

Could you explain me the sentence below, please?
Under the Mietzins rate info there is: "Ein Absinken unter den Anfangsmietzins ist in jedem Fall ausgeschlossen."
Does it mean that I can not apply to lower down my Mietzins? The question is not to get this translated, but can agency actually put something like that in the contract ? Are they obligated still to lower down my rent if I send them a letter, or with that simple sentence they just wash their hands off?

Thank you in advance.
Onsik
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  #344  
Old 17.03.2019, 06:48
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Re: Mietzins - reduce the rent

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Hi

Could you explain me the sentence below, please?
Under the Mietzins rate info in my contract there is: "Ein Absinken unter den Anfangsmietzins ist in jedem Fall ausgeschlossen."
Does it mean that I can not apply to lower down my Mietzins? The question is not to get this translated, but can agency actually put something like that in the contract ? Are they obligated still to lower down my rent if I send them a letter, or with that simple sentence they just wash their hands off?

Thank you in advance.
Onsik
They can put it in the contract, you can decide not to sign. It is not correct that the rent cannot be lowered if the Mietzins is lowered but it will be up to you to enforce that.

Ask them to remove that clause?
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Old 19.03.2019, 22:55
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Re: Mietzins - reduce the rent

Thanks roegner.
I will definitelly try. Have you seen that kind of situation before?
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comparis, housing, interest rate, mieterverband, mietzins, referenzzinssatz, rent, rent decreases, rent reduction




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