Some clarification / your opinion on rent control situation?

7 posts in this topic

Hi Everyone!

 

Although I’ve spent a while reading through information and other questions posted here, my situation is a little different.

It seems things get a little confusing with 2 laws around this subject currently running at the same time.

I think I will speak with a tenants association or the wenigermiete.de service, but thought I should get some opinions and clarification here first.

So whats your opinion?

 

About 11 months ago my partner and I moved into our apartment. The price was high, but after looking for nearly 3 months, we just needed an anmeldung ASAP for her Visa appointment.

I’ve only just realised now after researching the new rent cap laws, how much we “should” actually be paying.

 

As a freelancer, my proof of income from previous countries was ignored. So we payed 12 months of rent up-front to secure the apartment. Now that those 12 months are finished I’m about to start paying rent monthly, which is what prompted my researching!

Corona has hit both our industries extremely hard, so obviously we don’t want to keep paying 3x the recommended rent, as we’re basically burning the last of our savings.

 

So firstly I had a question around the service at wenigermiete.de.

They take a payment of 5x the monthly rent reduction that they negotiate.

Is the new rent price then applied retroactively and refunded? It would seem not, but now there are 2 laws at play, it gets confusing… (I have emailed them, awaiting a reply)

 

We are waiting for the outcome of my partners visa renewal.

If we can stay, then this will likely be a good option. Regardless of retroactive or not.

But if we have to leave Germany and it’s not retroactive, then we would end up owing wenigermiete.de more money than we would save.

 

Other things you guys may have thoughts on:

 

- Just telling the landlord (big corporation) the rent we want to pay, going forward.

 

- As far as I’ve read, the new laws (Mietendeckel) don't pertain to our situation until after November? But I believe it would then be retroactively applied back to Feb of this year? Any clarification on this?

 

- Would it be worth joining a tenants association (I’m all for it, but have read really mixed reviews), any particular recommendations? I guess the idea would be to see how to tackle getting a refund on the over-payments so far.

 

- Or… Suck it up, keep paying, but find a new flat ASAP if we end up staying?

 

Thanks, I appreciate any advice or input.

Sorry for the long rant… I’m just cranky now that I realise how much we’ve been ripped off, just as we’re struggling to make ends meet after corona.

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Join your local Mietverein. It's cheap and worth it. They won't be taking money off of you either other than the membership fee. Their are many existing threads about them if you search.

 

Good luck!

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I´d be cautious to spend money on wenigermiete.de as long as you don´t know whether or not the Mietendeckel is constitutional. What if the constitutional court rules that it isn´t? Will they refund you their fees?

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Since the OP signed a contract with the landlord/lady, agreeing to pay x-amount rent per month, the chances of getting a rebate are not so good.

I could just as easily try to rent out the shed at the bottom of my garden for €500/month, and if I found somebody willing to sign the contract, then we would have a valid contract....

One should always inform oneself of the local "mietspiegel" before agreeing to pay anything!

 

By all means go and join the Mietverein, but do not count on getting your money back!

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Quote

Corona has hit both our industries extremely hard, so obviously we don’t want to keep paying 3x the recommended rent, as we’re basically burning the last of our savings.

 

You should first decide whether or not it even makes sense to stay in Berlin as freelancers; industries that have been hard hit by Corona will take some time to recover and Berlin no longer makes financial sense for many freelancers.

 

If you are sure you want to stay, I would recommend https://www.berliner-mieterverein.de/, however, membership is for a minimum of 2 years.

 

1 hour ago, robinson100 said:

Since the OP signed a contract with the landlord/lady, agreeing to pay x-amount rent per month, the chances of getting a rebate are not so good.

 

Under certain circumstances it is possible due to the way the law was written (please remember that we are talking about a city where decisions are made based on ideology without regard to the rule of law nor the consequences).

 

 

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Awesome, Thanks for the info everyone.

I guess we will hang tight for now, wait and see what happens with my girlfriends visa situation first.

Then the mieterverein can give us advice if we decide to stay.

 

Cheers,

 

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