Administrator practice rental cover: Part 9 - Obligation to provide information about the calculation circumstances within 2 months after the entry into force

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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?


Section 6 (4) Rent Act (here Page 17) stipulates that landlords must provide tenants with information about the circumstances relevant to the calculation of the rent limit within two months of the law coming into force. An infringement of this is punishable by a fine of up to 11 euros in accordance with Section 1 (3) No. 500.000 of the Renting Act.

mandatory content of the information

Because the duty to provide information to all your existing tenants the content is about the criteria according to § 5 MietWoG (here Page 15). Thereafter, in addition to the information in accordance with Sections 6 to 8 of the Renting Act, which I dealt with in Part 7, the residential area in accordance with Section 5 (1) sentence 2 of the Renting Act also belongs. Because to take the residential area into account, 0,28 euros for simple residential locations and 0,09 euros for medium-sized residential units must be deducted from the upper limit. In good residential areas, 0,74 euros are to be added to the rent limit.

However, are here not the residential areas according to the Berlin rent index meant. This is because, according to Section 5 (3) MietWoG, the Senate Department responsible for housing is authorized to determine the allocation of residential areas by ordinance. What is needed is a “Housing Allocation Ordinance” from the Senate Department for Urban Development. If one had simply wanted to take over the residential areas from the Berlin rent index, one could have written in the law instead of the authority for the SenVerw that the residential locations result from the current or respectively latest Berlin rent index. But that was not done. So you want to fix other than the rent index residential locations.

This means that you cannot know the location until the aforementioned regulation has been issued. It is not yet available when this article is written. If this is still the case when you want to fulfill the obligation to provide information to your tenant, then you can do nothing other than point out to the tenant that the residential area results from the SenVerw Housing Ordinance on Urban Development, which is not yet known is.

Don't tell me you have to pay the rent permitted under the MietWoG, but only the calculation circumstances. The tenant can then do the calculations himself.

What else can you tell

The law does not compel you to limit yourself to the mandatory information. It is therefore possible to provide further information. For example, you could choose to provide the information in writing, informing yourself that there are now a dozen top-class legal opinions that consider the MietWoG to be unconstitutional. You could attach these reports to your information and quote from them. Are publicly accessible

  • published the first report by the former president of BVerfG Hans-Jürgen Papier in September 2019 here and here
  • the second opinion of the former President of the BVerfG Hans-Jürgen Papier from December 2019 here
  • published the first report of the Scientific Service of the German Bundestag on February 05.02.2019th, XNUMX here
  • published the second report of the Scientific Service of the German Bundestag from June 18.06.2019, XNUMX here
  • the opinion of the Scientific Parliamentary Service of the Berlin House of Representatives dated October 28.10.2019, XNUMX here
  • an opinion of the Federal Ministry of the Interior from December 2019 (here )
  • published the legal opinion for the SPD parliamentary group in the Berlin House of Representatives from Prof. Mayer and Artz on March 16.03.2019, XNUMX here
  • expert opinions from Knauthe (here ), Heussen (here ), GreenbergTraurig for BFW (here ), the BFW for the rest (here ), Dieckert (here ), ZIA Germany (here ), the German Lawyers' Association (here ) and by Prof. Battis (not open to the public, can be obtained from the House of Representatives via information rights)

You can also inform them that the rent cover is considered harmful by economists, and submit it

  • the report by Prof. Michael Voigtländer from IW Cologne, November 2019 (here )
  • a contribution by the magazine "Die Zeit" about the assessment of economists (here )
  • and what else you can find on the net. You are welcome to start an owner challenge who can compile the most comprehensive information.

Finally, you can give your tenants the Brochure "The Red Berlin" from the "interventionist left" and discuss whether their program is worth supporting.

As a result, if your information letter becomes a narrow Leitz folder, it is all the more complete. Should it be organizationally difficult to print, you can rely on external service providers such as mailboxes etc. To fall back on. There you not only take over the printing, but also the shipping including proof of delivery. So you can send an Excel list with the address data, your information letter and the documents by email to mailboxes etc. that are to be used, and the service provider turns them into a complete letter and delivers it to you. This can be helpful, especially in larger holdings, but even if you as the owner do not live in Berlin or even abroad. Otherwise you can of course put it together yourself in every CopyShop around the corner.

Form of information

A certain form is not mandatory, However, you must be able to prove that you have provided the information, and in good time. This means that you must be able to prove that you have access to each individual tenant.

A house poster may reduce the effort, but is in my opinion not suitable, On the one hand, various of the criteria to be used depend on the apartment. You have different years of construction in houses where there were loft conversions after the first construction. There are fitted kitchens in some apartments and not in others. The floors are different, as are the sanitary fittings. Some have a tenant's own heating, for some the heating belongs to the landlord. Even if all criteria are identical in all apartments of a house, the key date rent is probably not the same. But it is part of the information. And if the key date rent is the same everywhere, you would use a house notice to tell all tenants (and visitors, and postmen and parcel deliverers, all craftsmen and all external third parties who come into the house) how all apartments of all (other) tenants are equipped and what rent you pay. That could be a data breach. I do not want to commit myself to this assessment, but I suggest that you at least ask your data protection officer and secure yourself accordingly before you decide to post it.

Private owners may wish to use the information requirement to speak to their tenants. You can also use the information orally To give. It is only important for verification purposes that you have a witness with you. So you can go through the house and ring your doorbell to talk to them in detail about the MietWoG and the information to be provided. You can make a record of this, on which the tenant signs that and when you have given the information pursuant to Section 6 (4) of the Renting Act.

information period

There is absolute clarity here: within two months of the entry into force. The law comes into force on the day after its publication in the Berlin Law and Regulation Gazette, from then on it is counted.

If you miss the deadline, it would be harmful to catch up on the information. Because you prove the violation of the fine.

So that the rental cover is good for something:

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