Residents will pay up to 163 percent more rent

A landlord wants to modernize and the tenant of a dwelling-house should pay a lot more rent. The Munich-based tenants ' Association submits, by contrast, nationwide, the first pattern for a declaratory judgment in the landlord and tenant law. The lawsuit could decide how much the landlord is allowed to engage with the tenant to the cost of the Work. the Anna Lifted

The letter came by messenger, four days before new year's eve 2018 - the date plays in the history of an important role. The landlady, the Max Emanuel real estate GmbH, wrote that she wanted to adjust the so-called high Zoller Karree in Munich-Schwabing with 230 tenants, "to a contemporary living situation". With heat insulation, replacement of Windows and entrance doors, with shutters and Balconies. Construction should be completed in December 2019, the cost will be shared after the completion of the measures to eleven per cent to the tenants - with the result that would double for many the rent permanently. The does not want to accept the tenants ' Association and are now before the court. On Wednesday he has submitted a pattern for a declaratory judgment, the higher regional court of Munich. It is the first pattern determination is in landlord and tenant law nationwide action.

It comes to the question of whether a landlord allowed the modernization to announce that will only be implemented more than two years later, and thus "just-in-old right-tapping", is how Volker Rastätter says, Executive Director of the tenants Association. He thinks: "This can't be right." In the high Zoller square the landlord wants to leave by the end of 2019, at first, only the foundations for the balconies. It was not until March 2021, the actual modernization to begin work. "The distance between the announcement and the beginning of the measure is much too large," Rastätter. "Normally in between three months. Therefore, we are of the opinion that a new law must apply." According to a judgment of the district court of Munich is likely to lie between the announcement and the beginning of a modernization of not more than six months.

Karin and Otto H. live in the high Zoller square.

(photo: Philipp Guelland/tenants Association)

may participate in The suit could, therefore, decide about how much the landlord to his tenant to the cost of the Work. This also has to do that in January, the legal situation has changed. According to the new law, a landlord is allowed to kill since then, only eight percent of the modernization costs to the tenants, but in any case not more than three Euro per square meter within a period of six years. He previously had each year, eleven percent kill, and the unlimited period.

In the future rent of the residents in the high Zoller square makes a glaring difference. Karin and Otto H. for example, 80 and 82 years old, live for almost six decades in the high Zoller square. For 77 square meters you pay for 763 euros cold. According to the modernisation notice, the rent shall increase to 729 Euro, you would have to pay almost twice as much. According to the new law, whose application will reach the tenants Association with the pattern for a declaratory judgment, would be in the case of the married couple is, a maximum increase of 230 euros. In the case of any other tenant in the house, the rent is expected to rise from 395 to 1040 euros - an increase of 163 percent. "I can't afford," says Petra M., a 61-year-old seller. Their hopes now lie on the lawsuit. Otherwise, she sees no way to continue to stay in Munich live. "It's bad when you're being frozen out." The lawsuit has of success, is likely to increase your rent to a maximum of 542 euros.

The possibility of a pattern for a declaratory judgment, there is in Germany only since last November; it aims to strengthen the rights of individual consumers against large corporations. Associations such as the tenants Association will be able to submit the claim. Within two months, need to connect at least 50 people Affected by the action, by entering in a process register. In the case of the Hohenzollern square of the tenants Association already has may designate in the case of filing a claim, 67 affected tenants. Not all are a member; this is not a requirement. The judgement finally, for all those tenants in the Hohenzollern square and join the action register.

The court will consider the suit now says Rastätter, two to three weeks, this is likely to take. "We hope that even more tenants into the process register." The Instrument of the pattern declaratory action could simplify a lot of things, he believes. Because not everyone would have to individually sue, and on the other, because the process start at the high court and a Revision directly to the Federal court of justice. "If it goes well, you will not be sure of the last pattern for a declaratory judgment, a tenant Association."

The next, at least, is already in preparation. It will be directed against the housing group Vonovia and its ancillary costs. Nationwide tenant complaining about alleged inconsistencies, you suggest, it put the System behind it. Together with other tenant associations in Germany, in Berlin and in the Ruhr area, check it currently, what are the residential complex is suitable best for the lawsuit, says Rastätter. Before the summer break, they wanted to make a decision; in the autumn, then a lawsuit could be filed.