The compensation for use of a flat after a lease has ended increases with respect to the rent admissible in case of a new lease

Federal Court of Germany, 8. Senate for Civil matters, Ruling from January 18, 2017 - VIII ZR 17/16

Principle: The rent which a tenant must pay for the duration of the deprivation of the rented property, after the rightful termination of the renting agreement is based on the typical rent for comparable housing in the area. It is not subject to the rules applied for rent increases during a running lease agreement, but those that apply when a rental agreement was terminated and the landlord rents the flat out again.

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