Cover rent in Berlin: The lid is for the tenant-Horror

He should be the most prestigious project in the red-red-green Berlin state government are: the rent lid. Since the end of February the law, that engages like no other in the German real estate market. It is only the Rent to the level of last year does not freeze. In the case of Tenants a property owner must reduce the rent even if you have requested more than the Senate established upper limits. But five months after the entry into force of the law is: The lid could take advantage of the tenants in many ways, more harm than good.

Julia Löhr

business correspondent in Berlin.

F. A. Z.

the rent for the rent cover the affected apartments are all built before 2014, 1.4 million of them – actually declined slightly. Within a year, they fell by 5 percent, from an average of 13,01 euros cold per square meter in June 2019 to 12,31 euros in June of this year. This emerges from a new analysis of the platform Immobilien scout 24, which has been submitted to the F. A., for example. This average is still far above the upper limits of the Senate. This move, depending on the year and equipment of the apartment between 3,92 euros and 9.80 euros. The apartment is very modern, with Elevator, new bathroom and quality floor coverings, is a Euro more.

A manageable Problem requires, according to the Senate administration

According to an estimate by the Berlin tenants ‘ Association is currently in, around 80 per cent of all advertised offers a rent above the rent cap. Managing Director of Pure Wild speaks of a “shadow rent”. This means that The landlords in the contracts as a precautionary measure, a higher – up in the listings, called rental guarantee, for the case that the Federal constitutional court tilts the rent lid. In practice, they require up to the decision, but it is only the capped rent. The tenants ‘ Association is not convinced that the shadow rent is legally permissible. Wild doesn’t know, however, that “case law is to the question.”

The competent Senate administration keeps the Problem manageable. “The relatively low number of Ads of tenants shows the inside and the tenants, that the majority of the landlords keeps the inside and the landlord, the provisions of the rent cap,” said Bausenatorin Katrin Lompscher (Left) of the F. A. Z. advises affected tenants to defend themselves, if the Treaty were agreed in the illegal Rent. “The only way it can be ensured that unlawful conduct can officially be punished.” The prosecution of violations of the law, however, is difficult because the part of the Senate, are part of the districts responsible. Of the in the districts as provided for 48 positions, only two are so far, 19 more to follow in August. Also on the technical detection system it hooks still. So there is, as yet, no cases in which the city has a fine imposed.

ever greater desperation in the apartment search

the Deutsche Wohnen, the largest private landlords in the city and the image of the enemy linker expropriation advocates, works with different rent levels. In many of the current renting of real estates, the group square-on gets prices from more than 10 euros, even though the rent cover for these apartments, the amounts of 6 to 7 euros. A spokeswoman for the company points out that the Federal Constitution allowed the court explicitly stated that the landlord may in the case of new leases, higher rental assure, in the event that the judges consider that the law in whole or in part as unconstitutional. “We create transparency for prospective tenants and avoid tenants take on financially,” says a spokeswoman.

when the judges in Karlsruhe will announce their decision, is still open. Only the greatest optimists expected this year. Of its action, have filed more than 280 Bundestag deputies of CDU/CSU and the FDP in early may. They argue that a single state, as Berlin has the competence to adopt such a law. Landlord and tenant law Federal law. This is a view of the Bavarian constitutional court represents. He slowed down with this Argument recently, a people of desire, whose founders wanted to limit rent increases in Bavaria, on the level of the inflation rate. The SPD is therefore a Federal Rents – wide, a claim that is likely to play in the Bundestag election campaign in the coming year, an important role.