New rent cap law Berlin

6 posts in this topic

Hi all, 

I would like to start the conversation about a topic that will be booming very soon in Berlin. It has the to do with the new rent cap law which was voted in Berlin senate last year and came into force on the 23-02-2020.  Details of the law can be found under the : https://www.stadtentwicklung.berlin.de/wohnen/wohnraum/mietendeckel/

Reading through a legal article is never easy to understand, that's why I would like your help to clarify certain aspects of this law. 

i will focus only on 2 aspects of the law : 

1 - Rent freeze : where basically no landlord is allowed to increase the rent for 5 years starting from 18.06.2019 (there are exceptions and list can be found in the link above), the only increase allowed will be 1.3% and only from 2022.

2 - Rent reduction : tenants will be eligible to reducing their rent based on a some pricing table, where prices per m2 are seem to go back a bit in time and make flats affordable. this reduction claim is to be asserted nine months after the entry into force of the law (23.02.2020), i.e. after 23.11.2020

 

My question here regarding point 2, will landlords have to pay back the difference for all the previous months from 18.06.2019? The only reason I am asking this is because a lot of people currently looking for flats seem to be confronted with 2 prices when presented with a rental contracted, one for the price under the new law, and another one for the market price. so basically, tenants will pay the price dictated by the law, and if in the 9 months following 23.02.2020, the law does stand still (some sources are claiming the law to be unconstitutional with federal laws), same price stay, otherwise, the market price will apply and tenants will have to pay the difference.

 

I hope this is all clear. 

 

Best

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Interesting questions, we have a number of landlords on the board, maybe some of them will be more active on a Monday afternoon than a Friday evening.

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According to my calculations I have also been greatly over charged.

 

How I do I proceed asking for refund from June 2019 to present date? Make a deal with landlord first or seek legal advice?

 

 

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Hi there Samdann

 

I would also like to find out more about this new law and what landlords are doing about it. - If anyone knows any forums - in german also - where there is good information/ideas being shared. 


I know there is still a lot of uncertainty regarding the implementation of this new rule and indeed - as you mention-  whether it will stand in the federal court. The advice currently being given to tenants who apply for the rent reduction is that they should not spend the money they save, because they may have to pay it all back if the law is overturned by the Federal Court!

 

I dont know for sure, but I very much doubt that landlords will have to compensate tenants retrospectively. I have neither heard, nor read anything about that. - 

 

Best


 

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