Rent Control: What Berlin tenants need to know in 2020
In Berlin, the dream of an affordable flat has long been over for most flat seekers and tenants. The capital city is in the midst of a serious housing crisis. But tenants do not have to simply give in to the precarious situation: The Rent Control offers a secure legal basis for reducing excessive rents.
In short
Does the Rent Control apply in Berlin?
Unlike in many other German federal states, the Rent Control law "Mietpreisbremse" has been in force in Berlin without interruption since 1 June 2015.
The Land of Berlin avoided the usual formal errors in enacting the law and in this way strengthened the rights of tenants in 2015 in a sustainable way. Since its introduction, the Rent Control in the capital has been able to withstand all complaints and lawsuits.
The Rent Control applies in Berlin to rental agreements concluded since 1 June 2015. It has been extended and is currently valid until 31 May 2025 inclusive. So if you as a tenant have signed a rental agreement since June 2015, you can assert your right and apply the Rent Control.
Looking at the experience of Berlin tenants, the Rent Control has already helped many consumers in the capital to make considerable monthly savings. For example, a ruling by the Berlin-Neukölln district court was in the headlines in May 2019. The court's decision resulted in the Neukölln tenant receiving a repayment of over 4,000 euros from her landlord company Gabriel International. CONNY, formerly wenigermiete.de, represented the tenant in the trial.
Despite many successes, average rents in large cities such as Berlin continue to rise. Even large landlord companies such as Akelius, Vonovia and Deutsche Wohnen often trade with inflated square metre prices. In order for the Rent Control to have a lasting effect on the capital's housing market for tenants, it should be applied more frequently. In this way, the local comparative rent can also remain at an affordable level and make rent reductions effective. There are many other good reasons to apply the Rent Control. CONNY helps you to enforce your rights easily and conveniently.
Exceptions: When does the Rent Control not apply in Berlin?
In some cases the Rent Control cannot be applied. These exceptions are defined in the nationwide law on the Rent Control and also apply to Berlin:
In addition to these nationwide exceptions, the Land of Berlin has not defined any other cases in which the Rent Control does not apply. The law therefore also applies to furnished flats and contracts with graduated rents and index-linked rents.
Should you as a tenant be subject to one of the exceptions, we nevertheless recommend that you examine your individual case. Many landlords illegally try to circumvent the Rent Control, but are often unable to sufficiently prove the exceptions. For example, the landlord is obliged to provide a precise statement of the costs of refurbishment in order to be able to invoke the exception due to extensive modernisation.
If the landlord can actually invoke an exception, he is still not allowed to increase the rent at will. In Berlin, the cap prevents a rent increase of more than 15 percent within three years. Non-lawful rent increases can therefore also entitle you to a rent reduction.
How do I apply the Rent Control in Berlin?
Berlin tenants should take the following steps to successfully apply the Rent Control:
CONNY stands up for tenants' rights and has helped tenants to apply the Rent Control in thousands of cases. We help you too - now very simply & conveniently: