Rent adjustment – commercial space
The lessee and the lessor determine the rent themselves at the beginning of the lease. If a lessee or lessor of commercial space wishes to adjust the rent during the term of the lease period and the lessee/lessor does not agree with the proposal to change the rent, he can claim from the court that the rent be adjusted.
This adjustment cannot, however, be claimed at any time during the lease period. In the case of a fixed-term lease, this is only possible after the agreed term and in all other cases only if 5 years have elapsed since the day on which the last change has taken effect or the day on which the court has ruled on it.
Before the case is brought before the court, an expert must be appointed jointly to draw up a report on the rental value.
When determining the correct rent, the court must, among other things, look at the level of rent for comparable properties in the vicinity. A lessor may, in preliminary relief proceedings, demand an advance on the rent increase in anticipation of the decision in the (longer) procedure to adjust the rent.