Since the new year, a law to protect tenants better, and rent increases greater limit shall apply. It's now known, took advantage of apparently countless Berlin landlords the opportunity to benefit in the short term, before the entry into force of the law of the old landlord-friendly regulations.
a Few days before the new year different owner modernisation mailed announcements, according to the new rules from 1. January 2019 would be unlawful. Crucial to the delivery of the notice, however, if this was still in the old year, it is formally valid.
New rules since the beginning of the year
Since the beginning of the year may cost the landlord only eight instead of eleven percent of the modernization to the annual rent charged. In addition, the rent may not be increased in the first six years after the modernization, to a maximum of three euros per square meter.
In the past few days had turned three affected tenants at the district office Neukölln, says Baustadtrat Jochen Biedermann (Green). He assumed a significantly higher number of unreported cases. In one case, a rent increase of 472 euros, which would double the current rent seems to be more than. "There is obviously trying to cash in on the last minute, the eleven percent of the levy," says Biedermann. In part, the announced modernization had not been approved by the authorities
Pure, Wild, managing Director of the Berlin tenants ' Association, speaks of many hundreds of cases, the Berlin announcements were far more affected by short-term Modernization. Since not all the tenants contact the tenants Association, is likely to be the dark figure but also significantly higher here. In particular, in environment protection areas, which include large parts of Berlin's city centre, there are opportunities against the notice to proceed.
"The views of right, the extent to which an action permit must be provided prior to the modernization announcement, are different." This means that it can be successful to protect against not-yet-officially-approved upgrades. Complicated it would be, in particular if the tenant a modernization have already agreed that is not allowed perhaps even.
Affected only advises the district office
Therefore, Wild tenants, to apply after receipt of the modernisation notice, first of all, at the district office, often the district offices were not informed yet about the planned measures. And the only way tenants can find out if permits are available. Especially in environment protection, the requirements for modernization are areas strictly.
And even if they have already been approved, can the tenant make, possibly, a case of hardship claims, for example, if the planned activities are financially feasible. Some letters also contain errors of form, that make the notice invalid. For the examination of the notice and any application for a hardship arrangement for a period of one month is left to the tenants only. "Here, you should not let any time elapse," says Wild.
landlords are regularly criticized the law, change active
in Parallel, but also the legislature. It always come back that the landlord in the case of new law, rules – used especially when these improve the tenant protection all the possibilities, in order to fall under the old scheme. "This is a fundamental Problem that we observe again and again," says Wild, and calls for rules to restrict this to Circumvent new laws.
In the case of the new tenant protection provisions in fraud in the period between adoption and entry into force only 13 days. Only at 18. December 2018, the law was adopted.