Rather than hijacking someone else's thread, I thought better to post my own thread. I'll try to be brief. We're not Mietverein members. We should be and we will do that ASAP.
We've been in Berlin (Prenzlauer Berg) for 4 years. We pay quite a high monthly rent and according to the Berliner Mietverein calculator we're paying about 400 EUR more than what we should be paying. Apparently we're precisely the type of tenants who are most likely to be being ripped off, and whom the Mietendeckel is aimed at helping.
I understand that the Mietendeckel laws come into effect from 30/11/2020 and that legally I can ask my landlord to reduce our rent by the 400 EUR amount.
I'm aware that the Berlin court rulings could be overturned by the Constitutional Court in 2021 making this whole discussion null and void.
My preference is to not risking pissing off my private landlord by demanding a rent reduction, if there's a chance that it'll be overturned.
My question is therefore, quite simple.
Do I risk anything by staying quiet and waiting until the Constitutional Court rules next year? If that Court upholds the ruling in say June, will I then be able to go to my landlord and ask for the equivalent of the last 7 months (all rent since 30/11/2020) in overpayments, to be returned to me? Or do I need to say something now to make landlord aware that we're aware of the legal landscape shifting and that we need to have a discussion about the Mietendeckel?