§ 49

For properties whose construction is financed with index loans pursuant to § 2, subsection 1, no. 9, of the previously applicable law on index-regulated mortgage loans, the rent may be set so that the total rental income can cover the property's necessary operating expenses at the time of the property's construction, plus the return on the property's value.

Stk. 2.As a return, the interest the landlord continuously pays on index loans taken to finance the property's construction may be calculated, plus 4 percent of the indexed principal. The landlord may also calculate a return of 4 percent on the remaining acquisition cost after deducting tenant deposits.

Stk. 3.The operating expenses under subsection 1 and the return under subsection 2, second sentence, are adjusted by the same percentage by which the principal of the index loan is adjusted. However, adjustments cannot be made to operating expenses covered by §§ 46-48.

Stk. 4.The rent is distributed among the residential apartments according to their relative value. In assessing the relative value of the residential apartments, improvements paid for by the tenant are disregarded.

Stk. 5.Rent increases under subsections 2 and 3 can be implemented with 3 months' notice.

Stk. 6.The demand for a rent increase must be made in writing and include a calculation of how the rent change is derived, and information on the tenant's right to object, cf. subsection 7. If the demand does not contain this information, it is invalid.

Stk. 7.If the tenant does not approve the demand for a rent increase, the tenant must submit a written objection, specifying the points of disagreement, no later than 6 weeks after the demand is received. The landlord must then bring the matter before the rent tribunal no later than 6 weeks after the tenant's deadline if the landlord wishes to maintain the demand for a rent increase.