The Berliner MietenWoG casts his shadow ahead.
Landlords who want to re-rent at the moment face the problem of potentially having to comply with a law on renting that does not yet exist and that, if (it) came into force, may still not apply, because it is potentially void. But if a rent is agreed, which violates this law, fines of up to 500.000 Euro per individual case.
Therefore, I am currently asked many times, how to consider this in the new contract. One possible solution is how here Explained the agreement of rent on one condition. Thereafter, the rent is measured according to the provisions of the Civil Code. In the event that there is an effective cap by provincial law, it is lowered for the duration of this cap. Subsequently, it must be staggered beyond the original level to compensate for the landlord's losses in the meantime.
The advantage of such a solution is that you realize no felony if the rent cover law should be effective. Because in this case you have agreed only a lowered rent within the permitted scope of the cover. After the end of the rental period, the temporary losses are gradually compensated by a correspondingly higher rent. On the other hand, if the Mietendeckelgesetz is ineffective, you have lost nothing, because the reduction does not apply.
Because of the large number of inquiries I present here a Word file with a corresponding clause text. At the same time I point out that I accept no liability for it. It is an attempt to make it possible for you to re-letting you in case of opaque and even for professionals hardly legally reliable estimate. If you use this clause in a modified or modified form and are currently re-letting it on your own, at least not at my risk.
Since there will be no new rental rates in Berlin in the near future, starting in June, 2021, when the current Berlin rent index 2019 expires, the question of how to carry out rent increases. In order to anticipate this, you can schedule seasons, regardless of the rented cover, even if they are on the condition that they are permissible when they occur.
Conversely, it will be difficult for tenants from June 2021 to reprimand a rental price increase according to the rules of the rental price brake. Because for this, too, you would need a valid rent index, which will then no longer exist. If Lexfox had to obtain an expert opinion for each complaint at its own expense, the business model with the automated sending of rental complaints will probably have ended. The scales already provided for in new contracts will then be much more difficult to attack than they are today if they are at a level that would have to be discussed from today's perspective.
Invest at the apartment level
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Who under the new rules no longer rent, but wants to use, can cancel due to personal needs.
The effectiveness of such termination does not depend on the effectiveness of the Rental Cover Act. If you want to read about the topic of self-employment termination, you will find related blog articles under the following links. Of course you can also just commission me, then I will do everything for you as your lawyer.
- Personal use termination for others
- Documents for personal use termination
- Protection against dismissal for old tenants?
- Own requirements: elimination of the reason for termination before expiry of the deadline
- BGH: no landlord change in internal sale
- No self-service termination via 80 for second home
- Script for personal use
- Own use also for second home
- Tenant protection at conversions