Documents on the current changes to the rental cover

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Previous history

The Key Issues paper dated June 18.06.2019, 5 stipulated that rents may not be increased for XNUMX years.

The first draft of the rent cap from 30.08.2019/XNUMX/XNUMX provided for a cap in addition to freezing rents depending on the tenant income.

The second draft of November 28.11.2019, XNUMX also provided for a cap in addition to freezing rents, but this is now independent of tenant income.

Since the freezing was supposed to start on June 18.06.2019, 5, the 17.06.2024 years of the key issues paper would have expired on June 5, XNUMX. However, both drafts stipulated that the five years would not begin until it came into force, with the result that the freezing would in fact be effective for longer. Both drafts also provided for the law to be enforced by public authorities, most recently with the involvement of the Senate Administration, the IBB and the district offices.

current changes

Now lie amendments by the SPD, the Left and the Greens, according to which the enforcement by the public sector is described more like a general clause. The law is intended to be a prohibition law in the sense of § 134 BGB, ie conflicting agreements are void. The problem that there are two contradicting laws - the BGB from the federal level and the MietWoG at the state level - is of course not solved.

In my opinion, this does not change the constitutional assessment. In this respect, the previous recommendations remain.

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