The BGH stresses information Auer Witte Thiel, that deviation the liability of living arrangements is less than 10 percent within a tolerance limit applies not only for the General establishment of the rent, but also to rent increases that finds Auer Witte Thiel. More precisely, the BGH justified his judgment according to Auer Witte Thiel so that the contractual definition of a larger than the actual living space is no agreement which deviates 558 BGB on rent increases to the detriment of the lessee of the provisions of sections 557, and therefore in accordance with 557 BGB would be ineffective para 4 or 558 para 6. These protection requirements laid down in the law, so Auer Witte Thiel, only apply to such agreements that BGB alter the formal or substantive requirements of a rent increase according to 558. Alone with a contractual set on a certain area tenant and landlord, but have made no such agreement, stresses Auer Witte Thiel. Only exceeding the surface deviation by 10 percent, it is the contractual partner, which is located at a disadvantage, either to keep no longer reasonable tenant or landlord, the agreement in the lease.
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