The current wave of inflation is omnipresent. Rents are not spared either. In some cases, rents have already been raised more than once in 2022. The question arises as to how this should be dealt with. The Tyrolean lawyer Dr. Christian Klotz clarifies as part of the series “Krone § Recht”.
Even legally regulated (usually cheap) main rents such as category or minimum rents have already been adjusted three times this year. Value protection is also provided for in most rental agreements. In principle, any legally permissible type of value protection is possible. However, there are also restrictions or constellations in which a value guarantee cannot be asserted. What was agreed in the contract? If it was agreed that a value guarantee may only take place once a year, then it would not be permissible to prescribe it twice in the same year. In the case of so-called threshold value indexing, the agreed threshold value must first be exceeded before a new adjustment can be made. Therefore, it is always advisable to take a look at the rental agreement as a first step. Legal framework conditions are decisive. In a second step, it is then still necessary to check or have checked which legal framework conditions the tenancy is subject to. In particular, in the area of full application of the Tenancy Law Act, there is an upper limit with the legally highest permissible main rent. Invalidity must be asserted in court or at the arbitration board within three years. Retrospective value adjustments are also not permitted for all tenancies. Do not negate value preservation regulations. There is a risk of the rental contract being terminated or the apartment being lost. If in doubt, promptly arrange for the prescription to be reviewed and the legal framework to be clarified. Your lawyer will be happy to help you with this. Since the non-payment of the rent, which also includes amounts secured in value, can entitle the landlord to terminate the tenancy, regulations for maintaining value should not be negated under any circumstances. In the event of ambiguities or doubts, a professional review and, if necessary, a payment with reservations is recommended.
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