Question juridique clé
Whether the initial rent fixed by statistical comparison had to be reduced to exclude separately billed operating costs.
Solution extraite
Yes. Because the statistics used already included operating costs, the separately billed operating-cost advance had to be deducted to avoid double charging.
Motifs extraits
The court held that when rent is determined by statistics, all relevant elements must be considered. Since the lease separately provided for operating costs while the statistics included them in the comparative rents, the canton had omitted a relevant factor and violated federal tenancy law.