Rent review of a lease

Practical application:

Because the lease includes a turnover‑based rent component, the statutory indexation rules (Decree 1953) do not apply – only the parties’ agreement matters. Sophie should formally refuse the index‑based increase, point to the precise rent‑review clause in her lease (which makes no mention of ICC), and, if necessary, seek a declaratory judgment enforcing the contractual terms as written.

Practical application:

Under this case law, once a lease ties rent partly to turnover, the statutory triennial and indexation rules fall away – the contract alone governs. Marc can rely on the explicit 2% escalation clause, serve a formal notice to pay the increased rent, and, if ignored, start proceedings for unpaid rent or even forfeiture, as the contractual term is fully enforceable.

Practical application:

This decision confirms that the entire rent‑review mechanism in a turnover lease is contractual – statutory safeguards like indexation caps or mandatory triennial reviews do not apply. Isabelle must have her solicitor dissect the bespoke index and cap, model the maximum financial exposure under the clause, and consider whether a turn‑over audit right is included, because the courts will enforce the agreement strictly.