Administrator practice rent cover: Part 6 - Obligation to notify about the rental date as of the effective date without any deadline

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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?

Communicate the rental date

Section 3 (1) Rent Act (here Page 13) obliges landlord, the tenant

notify the rent agreed or owed on the cut-off date in writing or electronically before a new rental contract is requested and at any time upon request.

The key date is June 18.06.2019, 3, rent is in accordance with § 5 Paragraph XNUMX the net rent including all surcharges. "Surcharges" means according to the reasons for the law (here Page 8) not only furniture and equipment surcharges, but also partial trades. A sublease surcharge is also a surcharge. Operating costs are not expressly included if the tenant has to bear them.

The obligation to notify applies from the entry into force, so it must be fulfilled immediately for new contracts and at any time at the request of the lessee.

Form of communication

We know what is in writing, it is in Civil Code § 126 Are defined. The form is electronic § 126a Civil Code, ie the qualified electronic signature. This requires not only a qualified signing ability on the part of the landlord, but also such signature reception ability on the part of the tenant, so I doubt that this will find a wide range of applications. So written: on paper with original signature of all landlords or their representative, verifiably delivered to the tenant's reception area. Fax or email are not enough, they are not in writing.

Proof of delivery required

Section 11 (1) no.2 of the Rent Act (here Page 21) defines it as unlawful if the landlord does not, not correctly or not completely fulfills his obligation to notify according to § 3 paragraph 1. The threat of fines is the well-known iHv. 500.000 euros. It is therefore necessary to be able to prove that you have fulfilled the notification obligation.

The new contracts It's not difficult: You write in the draft of the contract at the end in the "Other" paragraph: "The net rent on June 18.06.2019, XNUMX was ... euros" and give this to the tenant for signature. This proves in the long term that the tenant had the information in writing before signing it.

At a Message "on request"that the tenant can request from you at any time, you have no new contract. Here you have to prove the written access to the tenant. Ultimately, this can only be done by messenger or bailiff. I advise against sending by simple post or registered mail, in case of doubt you can only prove the dispatch, not the receipt by the tenant.

The tenant's request is not formal, so an email or SMS is sufficient.

constant repetition of the message on request?

Knowledge of the tenant does not matter. Most tenants will know what rent they paid on June 18.06.2019, XNUMX. Nevertheless, the aforementioned notification obligation applies. This raises the question of how often you have to answer if the tenant asks you several times. The law says: at any time.

The civil law limit is therefore likely at most chicane ban to be found, but it's a civil law boundary. This is not the issue here, the notification obligation is a public law one and the threat of fines is also. In addition, tenants could give reasons that are against the suspicion of harassment: information received, but unfortunately misplaced, so please again. Child tried scissors and cut the letter with the information. Roommates unfortunately held the letter for advertising and disposed of it before it was read. And so on. If a tenant wants to annoy you, you have to send a lot of messengers.

What if there is no rental due date?

This can be the case in two constellations: either because the apartment was not rented on the key date or because you had not agreed on a net rent.

If the apartment not leased on the reporting date According to the wording of the law, there is no obligation to notify, or only that there was no rental on the cut-off date. Section 3 (2) MietWoG defines that for rentals after the cut-off date the rent agreed there is decisive for the prohibition under paragraph 1 - but only for the prohibition, not for the obligation to notify.

When No net rent on the cut-off date was agreed, but a gross or partial inclusive rent, you cannot provide the information. Because there was no net rent that you could call. The law does not ask about a “fictitious” net rent, i.e. the share of the net rent in the partial inclusive or gross rent, and this could only be determined in the following year if the annual costs of the proportionate operating costs included are known. This does not have to be the case when the MietWoG comes into force, so that the owner would be required to notify the owner. That cannot be meant.

In this case, the message is that no net cold rent with or without surcharges was agreed on the reporting date.

So that the rental cover is good for something:

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