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Unlimited Mietvertrag with illegal graduated rent

11 posts in this topic

Posted

Last year when I could not find a flat and was struggling with the language, while having to move out from a flat where I lived temporarily, a friend put me in contact with another friend, who is working for an estate agency.

He said he would "help me".

So they offered me a place which I liked immediately. I was offered a contract, starting from 1st May, but they said I could stay only for a year, because they wanted to renovate the apartment. But this was agreed upon only verbally. I was happy to sign an "Unbefristeter Mietvertrag", bacause "it was not possible to make a temporary one". So, in order to make sure to get me out of the flat, they introduced a clause: the rent would have to double from 1st Mai 2013 to reach the unrealistic 12 Euros per square meter. I am paying 300 Euros for the flat now in Berlin Fridrichshain, and from 1st May its price will be 512 Euros.

At this stage, as my German got better and I am able to understand a bit more, all this appears to be a bit dodgy. I realized it also because until now I took it for granted that I have to move out by 1st May, so I started to look for a flat, and while reading the contract found the clause which states that the notice of termination had to be given "according to law terms", and a neighbour explained that in Germany this means "in writing and three months in advance". So I barely missed the deadline to terminate the contract in order to move out on 1st May.

They just want to earn money...but all this is not legal, as the maximum Kaltmiete for this area should be 7,56 Euros per square meter.

(see http://www.stadtentwicklung.berlin.de/wohnen/mietspiegel/).

What do you think about all this? I know I am "trapped" by my own signature, but I am also happy to realize it 2 and a half months before the unrealistic rise of the rent I have to pay.

Should I look for a lawyer? Have you had a similar experience?

Let me know what you think!

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Posted

Even if it turns out to have been a "trap" and you have to stay in the flat a month longer, regardless of the wording in the contract, a 100% rise is not allowed. I believe the current acceptable maximum rise in Kaltmiete is 20% in 3 years.

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Posted

I would suggest you join a Mietverein and have them check out the legal situation here.

Yes, send the letter that Panda has kindly written for your, but also join a Mietverein, as it will stand you in good stead for any future problems with your (future) landlord.

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Posted

Even if it turns out to have been a "trap" and you have to stay in the flat a month longer, regardless of the wording in the contract, a 100% rise is not allowed. I believe the current acceptable maximum rise in Kaltmiete is 20% in 3 years.

Sorry, but no.

Those 20% (now reduced by the Bundestag to 15%) only matter for normal rental hikes.

For Staffelmietverträge they do not apply, for details please see here.

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Posted

Wow! Didn't know that - thanks PM and sorry for the misinformation!

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Posted

Is the landlord actually trying to get you to stay longer? He presumably still wants to renovate.

so you have until 1st May to find somewhere else.

Talk to you landlord to see if there is actually a problem

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Posted

Quote So, in order to make sure to get me out of the flat, they introduced a clause: the rent would have to double from 1st Mai 2013 to reach the unrealistic 12 Euros per square meter. I am paying 300 Euros for the flat now in Berlin Fridrichshain, and from 1st May its price will be 512 Euros.

If you were living in Munich €12 would not be so unrealistic

ruapehu has stated 20% in 3 years was the maximum rent rise , since last week it has been reduced to 15%. Join the Mietverein.

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Posted

ruapehu has stated 20% in 3 years was the maximum rent rise , since last week it has been reduced to 15%. Join the Mietverein.

Please read post 5, those 15% do not apply to Staffelmietverträge.

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Posted

Hi everyone,

sorry I did not reply for so long, though the whole discussion had helped me understand many things that I was not aware of.

I read through the contract and analysed it with a German speaking neighbour and discovered that it is a standard contract - the Staffelmiete is not mentioned in it. What is stated is "Ab dem 01.05 2013 wird die Miete einmalig auf 12,00 Euro/m2 pro Monat erhoeht." They wanted me to sign expressly that clause, and I did. This is a 100% price increase, and it is not legal.

As I was not sure whether my landlord really needed me to move out to have the flat renovated (or whether that was just an excuse for...), I wrote him an email, saying that I am willing to move out according to what was verbally discussed between us, when I moved in, just that he needs to say it again in an email, so that I know on time. Well, I never got a response, so I guess that he does not care whether I am in or out of the flat - he only wants to be paid 520 Euros per month, starting from 1st May. Since I still have not found a new flat, I guess I'll do it asap...not yet sure if I should go to a Mieterverain.

Thanks again for all your opinions, advice and ... support!

Cheers

A

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Posted

Hiya, I can only say DO join a Mieterverein. If the massive hike is illegal, the fact that you have 'agreed' to it with your signature is irrelevant.

I recently signed someone up to the Mieterverein here - trouble with former landlord. Wow! Their laywer pointed out illegal parts of the contract that weren't even part of the dispute yet.

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