The Mietendeckel is here. What next?

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The rent cap does not lower the rent!

It would be helpful and appropriate to interview experts on both sides of this issue to offer an objective understanding of the issues at stake.

If you look for information on the website of the Senate Department for Urban Development or the Berlin tenants' associations, you get the impression that the rent cap leads to a rent reduction. This is wrong. The MietWoG Bln is a public law regulation that is limited to the area of ​​the State of Berlin. Tenancy law is not a public law, but a civil law. The rent amount is agreed in the rental agreement, the legal framework for this can be found in Civil Code § 535. According to this regulation, the “agreed” rent is to be paid, not a different one and, in particular, no other rent. Neither the rental agreement nor the BGB are changed by the MietWoG Bln.

Why has the Berlin state legislature only banned the fact of renting or the temporary exercise of rights, but not the legal agreement itself? Because the latter would undoubtedly be a civil law regulation and the state legislature has no legislative competence for such a regulation. The BGB is a federal law and cannot be changed by individual states. This is so clear and unquestionable that it was not even tried in the context of the MietWoG Bln.

The Rent cap law does not provide for communication about the "lowering". There seems to be an error in circulation that the tenants should be informed about the amount of the cap, there is no such obligation in MietWoG Bln.

Tenants should be very careful here, If a landlord does not write anything, his tenant remains obliged to pay in full under civil law. If he pays less, there is arrears and with the arrears the way to termination has been taken.





Lisa 194 days ago

btw harz4 ppl are screwed

so harz4 people are now totally screwed because jobcenter will only pay the reduced rent so there is no possibility to save the difference. and if they get a job before the decision is made and are requested to repay the difference, they have to repay it themselves...

the screwed one 194 days ago

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