Seminar on the rental cover on February 17.02.2020, XNUMX
Part 1 - Direct Debits
Part 2 - “Accepting” rent payments
Part 3 - Everything not so hot because it's unconstitutional anyway?
Part 4 - Is only the landlord or the administrator liable?
Part 5 - Conclusion of new leases
Part 6 - Obligation to notify of key date rent immediately after entry into force without a period
Part 7 - Obligation to provide information about the circumstances of the calculation immediately after entry into force without a period
Part 8 - General information and submission obligation to the authorities immediately after entry into force without a period
Part 9 - Obligation to provide information about the circumstances of the calculation within 2 months of the entry into force
Part 10 - Notification of modernization prior to entry into force within 3 months after entry into force
Part 11 - What Happens After the Law Expires?
Part 12 - Rents cut in 9 months
Part 13 - What is a "Request" with fines?
Rent amount upon conclusion of contract is not an administrative offense
According to § 11 Para. 1 No. 4 MietWoG (here Page 21) is improper to request or receive a rent that is prohibitively high.
The only one Conclusion of a lease In my opinion, based on various conversations with colleagues, is not a "challenge" and therefore harmless, Because according to the logic of the law, the impermissibly high part of the agreement is partially null and void, so it does not justify a claim. It is not forbidden to conclude void contracts, they just have no legal effect.
“Demanding” rent in the sense of the fact that a fine has been imposed means that a payment is specifically required, for example through a reminder or a payment claim.
Protection through appropriate wording in the contract
Anyone who does not feel quite comfortable with the above logic can expressly declare in the contract that payment of the amount exceeding the rental cover is only required on the condition that the rental cap of the MietWoG is void. Otherwise, the payment will not be requested provisionally, ie during the term of the MietWoG, if the claim exists substantively.
What rents are allowed for new contracts?
For Rentals after entry into force of the law, Section 4 of the Rent Act states that either the values of the §§ 6, 7 MietWoG are decisive or the key date rent from 18.06.2019/XNUMX/XNUMX, depending on what less is. In the case of a rental on the cut-off date of less than EUR 5,02, the new letting can be up to EUR 1 higher, but not more than EUR 5,02 if two modern equipment criteria in the sense of Section 6 (3) MietWoG. Rents going beyond this are not permitted. This does not depend on the tenant's application or other circumstances, but the inadmissibility and thus nullity of the excess amount follows directly from the law.
The amount of the current pre-rent is irrelevant. There is also no tolerance margin of 20% as with the subsequent reduction of the existing rents according to § 5 in 9 months. To determine which rental value is permissible when re-letting iSd. RentWoG, it is sufficient to look into sections 6 and 7 and calculate it on the basis of the table and the other criteria.
According to Section 6 (1), the starting point for the calculation is the table value specified there. According to paragraph 2, it increases by 10% for a one- or two-family house. If at least three of the five “modern equipment features” mentioned in Section 6 (3) are available, the value increases by one euro.
Section 7 provides for a further increase in the limit value by up to 1 euro if a modernization levy is applied for one or more of the catalog measures specified there after the law comes into force. Other modernizations do not raise the limit, nor are modernization levies before the law comes into force. Modernizations that were carried out before the law came into force, but the ModUlgabe only occurs after the law comes into force, increase the limit value if the IBB is notified within 3 months of the law coming into force, § 7 Para. 2 MietWoG.
Furniture increases the limit values just as little as partial trades. You can rent cellars or parking spaces separately. The tenant can then terminate them separately. Contracts that rule this out include these things in the main contract without any surcharges.
What is the consequence of agreeing an impermissibly high rent?
Not a disadvantage, To avoid a penalty, you may only not request that the impermissible part be paid or accept it, see part 2 of this series of contributions.
As soon as the MietWoG is canceled by the BVerfG, the threat of fines is no longer to be feared and the accrued rental arrears can be claimed again. In addition, later rent increases are to be made from the agreed starting point.
Relays and index rents
I see here too no disadvantageto provide for such in the contract. According to the logic of the MietWoG, they are partially null, so they do no harm and are of no use. But if the law is void, they are effective. Here, too, you may not request or accept payment until the BVerfG has canceled the MietWoG to avoid a penalty.
Lease agreement with job center tenants
Tenants whose housing costs are paid from public budgets will only receive the required amount. From the entry into force of the MietWoG it will (must) be decisive for the licensing offices what a flat according to MietWoG may cost. A rental contract that goes beyond this will not (may) be covered by the Office.
We will encounter this problem again when we discuss the reduction in existing rents after a nine-month grace period (Section 5 of the Rent Act). Here, too, the offices will only pay what is permitted by law. After all, according to the logic of the law, the additional costs can no longer be "necessary".
If residues accumulate here that should not exist according to the logic of the MietWoG, these are rarely realizable based on life experience. Job center-paid tenants cannot set aside anything to build up rent debt reserves. After the MietWoG has been abolished, the question will arise whether the backlog compensation is necessary and must therefore be taken over by the Office in order to current Secure housing needs. If the office negates it, it will not compensate for the arrears and only the payment lawsuit against the tenant himself remains, who can hardly be enforced sufficiently.
As a result, economic logic and commercial prudence now prohibit renting apartments that are worth more or cost more than the rental cover amounts to tenants who are paid by the job center. An administrator who does this may hurt. his managerial contract with the owner. To avoid this, he should have the specific contract explicitly approved by the owner and point out the problem. I would like to emphasize that this is not an ideological argument and that I personally find this development both regrettable and questionable. This is where the least help is given to those who are most in need of public support.
In what condition should I rent?
According to the logic of the MietWoG, the preparation of the apartment before a new rental is insufficiently compensated. Investments that require more than 1 euro / sqm rent are currently prohibited. Investments of less than 1 euro / sqm are also forbidden because you do not know whether you will come into a situation in the next 5 years where you have to invest again. Then the buffer allowed by the MietWoG would be used up and you would pay.
This means that apartments are unrenovated for rent in the condition in which you received them from the previous tenant.
Legally, the (possibly defective) condition must be agreed as the owed condition in the contract. This is then in accordance with the contract and you cannot then be taken advantage of to remedy deficiencies and cosmetic repairs etc., which result solely from the fact that you could not prepare the apartment before it was rented out again.
needs a qualified time limit, Civil Code § 575, The planned, so essential repair that the measures would be made considerably more difficult by a continuation of the tenancy is such a reason, paragraph 1 number 2. You have to detail this sufficiently in the contract.
Then you can, for example, be limited to 3 years. During this time, it can be expected that the BVerfG has decided on the MietWoG, then renovate the apartment after the time limit has expired and the tenant has moved out.
So that the rental cover is good for something:
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