In rent determination cases, the rent to be applied after the 5-year period has expired is determined by the judge through precedent rent research.
Precedent Rent Determination
- Similar immovable properties in the same street/avenue/site
- Equal square meters, floor, location
- Municipal information, real estate agent records
- On the websites. advertisements
- Expert discovery
Supreme Court 3rd HD Approach
The Supreme Court 3rd HD adopts that the real comparable rental value should not be relied upon solely on the CPI increase, but that 5-10% discount can be made considering that "the real estate is in a permanent rental relationship".