Current status of the Mietendeckel (rent freeze)
The 3 most important points about the law:
The Berlin rent freeze was declared unconstitutional by the Federal Constitutional Court in Karlsruhe on April 15, 2021. Thus, the concerns of many experts were confirmed and tenants are threatened with high repayments. This decision hits Berlin tenants hard, but there is a solution to reduce their rent for those affected: the constitutionally approved rent control. So check now with CONNY how much rent you can save each month.
The amount of savings with the rent control varies from the old Mietendeckel (rent freeze) savings depending on the case. However, your savings potential as a tenant by means of the rent control is legally secure and sustainable.
Everything you need to know about the rent freeze savings
With the ruling of the Federal Constitutional Court, all regulations of the Mietendeckel (rent freeze) are considered null and void. The old rent must be paid again, which was paid before the rent freeze came into force on 23 February or 23 November 2020.
Landlords are also allowed to demand the full amount of the difference to the rent previously paid. The claim for back payments is effective immediately, but lawyers assume a 14-day payment period.
Be sure to discuss the matter with your landlord in good time so that, if in doubt, you can agree to pay in instalments. Landlords are allowed to terminate the lease without notice as soon as the tenant is at least 2 months in arrears with the rent.
Did you sign your tenancy contract before 1 April 2020?
Lawyers recommend that affected tenants immediately complain to the landlord about the excessive rent with a qualified letter of reprimand in accordance with the court-confirmed rent control law. This must be done before the landlord asks them to make an additional payment. After this complaint, however, tenants should then pay the additional payment owed under the tenancy agreement with reservation in order not to risk termination.
What should you do now?
CONNY supports you with a quick reprimand, thus preventing the loss of your rent cap savings and takes over the enforcement of a permanent rent reduction. Do not lose valuable time.
Did you sign your tenancy contract after 1 April 2020?
For tenancies concluded after 1 April 2020, a retroactive rent reduction is possible through the rent control law (Mietpreisbremse). This means that tenants have a chance even after the landlord has demanded payment of the overdue rent cap savings. Thus, not only the back payment can be reclaimed, but also the overpaid rent since the conclusion of the contract.
CONNY's tenancy law experts will support you in this:
In case of success, CONNY receives the monthly savings x 5 (incl. VAT) as a one-time commission. Often the commission is paid directly to CONNY by the other party. If no agreement is reached, you will not incur any costs. The CONNY promise applies: You only pay in the event of success!