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Book 2 · Law of obligations  ›  Subchapter 2 · Provisions on the rent amount › Section 559c

Simplified procedure

(1) Where the costs being claimed for the modernisation measure of the dwelling, after deduction of the lump sum defined in sentence 2, do not exceed 10,000 euros, the lessor may calculate the rent increase by way of applying a simplified procedure. A lump-sum deduction of 30 per cent of the costs claimed in accordance with sentence 1 is made for costs that would have been required for structural maintenance measures (section 559 (2)). Section 559 (4) and section 559a (2) sentences 1 to 3 do not apply.

(2) If the lessor already has increased the rent in the past five years in accordance with subsection (1) or pursuant to section 559, then the costs that may be claimed under subsection (1) sentence 1 for the further modernisation measure will be reduced by those costs that have been claimed in said earlier procedures for modernisation measures.

(3) Section 559b applies accordingly to the simplified procedure. The lessor must state in the declaration as to the rent increase that they have calculated the rent increase by way of applying the simplified procedure.

(4) Where the lessor has claimed a rent increase by way of applying the simplified procedure, they may not claim from the lessee any rent increases under section 559 for a period of five years following receipt of the declaration as to the rent increase. This does not apply

1.  to the extent the lessor is to implement modernisation measures in the course of that period of time due to a statutory obligation and the lessor neither was aware of this obligation at the time they claimed the rent increase by way of applying the simplified procedure nor ought to have been aware of it,

2.  insofar as a modernisation measure is implemented based on a resolution of the owners of residential properties that was adopted at the earliest two years following receipt by the lessee of the declaration as to the rent increase.

(5) Section 555c applies to the modernisation notice that is intended to result in a rent increase by way of applying the simplified procedure subject to the following provisos:

1.  the lessor must state in the modernisation notice that they are applying the simplified procedure,

2.  it is not necessary to provide the information on the anticipated future operating costs stipulated in section 555c (1) sentence 2 no. 3.

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