The Mieterverein Munich is celebrating a success with its model declaration suit: The Higher Regional Court (OLG) Munich has given the club right.
He had sued for more than 130 tenants of a residential complex in the district of Schwabing against a drastic rent increase, which was justified by a modernization. Specifically, rents should be increased between 5 and 13 euros per square meter. The court allowed the appeal to the Federal Court in Karlsruhe.
Sina Schuldt / DPA
Residential complex in Munich-Schwabing: owner company wanted up to 13 euros increase per square meter
The modernization was announced shortly before the end of 2018 and was to be implemented only two years later. At the time of the announcement, it was allowed to spend eleven percent of the costs on the tenants for an indefinite period of time.
Since 2019, new legislation has applied, according to which only a smaller part of the modernization costs may be passed on to tenants - specifically eight percent of the costs per year, but not more than three euros per square meter per month in the first six years. In the opinion of the tenants' association, the real estate company was concerned with "being able to tap just another old right".
However, from the point of view of the Higher Regional Court, that is not allowed. The gap between the announcement of the modernization and the actual implementation was too long, said the presiding judge.
The possibility of a model declaration action has only existed in Germany since November 2018. Since then, an association representing consumers can, for example, go to court against a company. The consumer complaint should make it easier for them to get compensation. The risk is taken over by the plaintive association.
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The tenants' association welcomed the verdict. "It is the first pattern-finding judgment that exists and a first, important step in the right direction," said managing director Volker Rastätter. The tenants would now have to adjust to rent increases of a maximum of three euros per square meter instead of the announced 5 to 13 euros. "Three euros would have to be able to be stiffened for most," said Rastätter.
The real estate company wants to check whether they want to appeal, ie revision at the Federal Court. "I would like to see it at the BGH," said the company's lawyer, Wolfgang Stürzer.
