Rent index; transmission of data
In larger cities and municipalities, randomly selected landlords and tenants are asked to provide information on the type, size, fixtures and fittings and condition of their home for the purpose of compiling the rent index.
Stand: 26.03.2024. Link zum BayernPortal
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Rent indexes are drawn up by the cities/municipalities and by representatives of landlords' and tenants' interests, such as tenants' associations and homeowners' associations. A city/municipality should draw up a rent index if there is a need for one.
Since July 1, 2022, municipalities with more than 50,000 inhabitants have been obliged to prepare rent indexes. Cities that create a qualified rent index for the first time due to this obligation must create and publish it by January 1, 2024.
As a rule, rent indices are to be adjusted to market developments every two years.
The law and the rent index ordinance distinguish between (simple) rent indices and qualified rent indices.
The qualified rent index is prepared according to recognized scientific principles and is recognized by the municipality or by representatives of the interests of landlords and tenants. It must be adjusted to market developments after two years at the latest and revised after four years.
In order to prepare a qualified rent index and to adjust it by means of random sampling, owners and tenants of residential property are obliged to provide the competent authority with information on request as to whether the residential property is rented out and the address of the property.
Landlords and tenants of residential property are obliged to provide the competent authority with the following information on request:
- Start of the tenancy,
- the date and type of the last rent increase, with the exception of increases in accordance with Section 560 of the German Civil Code,
- Determination of the rent level by law or in connection with a subsidy commitment,
- Type of rent and rent amount,
- the type, size, furnishings, condition and location of the rented accommodation, including its energy efficiency features and condition (Section 558 (2) sentence 1 of the German Civil Code),
- The existence of special circumstances that have led to a reduction in the rent, in particular a relationship between the landlord and tenant, an employment relationship between the landlord and tenant or the assumption of special obligations by the tenant,
- Address of the apartment,
- names and addresses of the tenant and landlord.
You will be asked to provide data for the preparation of the rent index (usually in the form of a questionnaire).
The competent authority prepares a qualified rent index on the basis of the data provided by the party obliged to provide information and the data from authorities (e.g. the registration office, the federal and state statistical offices).
Art 238 Introductory Act to the Civil Code
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