Article 303

• 1

  Both the tenant and the landlord can claim that the court will further fix the rent, if it does not correspond to that of comparable commercial premises on site:

  • a.

    if the agreement is for a fixed term, at the end of the agreed term;

  • b.

    in all other cases, whenever at least five years have passed since the day on which the last rent determined by the parties took effect or on which the last rent determined by the court was claimed.

• 2

  In further determining the rent, the court shall pay attention to the average of the rents of comparable premises on the premises, which have occurred during a period of five years preceding the day of the institution of the action. Any rent thus to be included in the comparison shall be traced according to the general trend in the level of prices since the day on which that rent was in force up to that on which the action was brought. If it is not possible to provide the court with the data necessary to apply this yardstick, the court shall make an estimate on the basis of the data at its disposal, using this yardstick as a guideline as far as possible.

• 3

  The court rejects a claim for an increase in rent to the extent that it is based on improvements to the leased property made at the tenant's expense.

• 4

  If the court specifies the rent, it shall take effect from the day on which it is claimed, unless, at the request of one of the parties, he sets a different effective date based on the particular circumstances of the case. In so doing, he may also determine that the rent shall be gradually adjusted for a period of time to be determined by him, not exceeding five years.