Questão jurídica principal
Whether the announced rent increase for the four-room apartment was abusive under the rent-control rules on local and neighborhood rents.
Decisão extraída
The rent increase to CHF 662 per month was not abusive, because the rent remained well below the statistically indicated local rent level and was therefore within the range of local and neighborhood rents.
Fundamentação extraída
Art. 269a lit. a OR allows a rent to be non-abusive if it lies within local and neighborhood rents. Under Art. 11 VMWG, official statistics may be used as an objective indicator, even if they do not capture every factor perfectly. The Basel rent-statistics provided sufficiently reliable general guidance, and the challenged rent was still far below the comparable statistical benchmark.