Questione giuridica chiave
Whether the initial rent fixed by statistical comparison had to be reduced to exclude separately billed operating costs.
Decisione estratta
Yes. Because the statistics used already included operating costs, the separately billed operating-cost advance had to be deducted to avoid double charging.
Motivazione estratta
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.