Published by 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?
Accrued rental arrears do not disappear
The following excerpt from the legal justification (here Page 4 below and 5 above) please read carefully:
"The recommended version of the law for the new regulation of statutory regulations on rent limitation (MietWoG Bln) is based on the regulatory concept of a public law regulation of prices on the housing market, which is in contrast to the rental contract law according to the Civil Code (BGB): The state legislature assumes this assumes that the right to price of the MietWoG Bln independently of the tenancy law of the federal government and exists independently of this. The state legislature sees a fundamental difference between the two legal regimes with regard to the purpose and content of the regulation. The MietWoG Bln sets price ceilings as bans that exist regardless of the existence of a tenancy based on the rules of civil law, but are solely linked to the living space as a real unit. During the federalpursuing the goal of creating a fair balance between the interests of the two contracting parties, the tenant and the landlord, the state legislature is concerned with implementing public service objectives, namely the protection of the rental price in a tense housing market and thus the preservation of affordable housing and prevention of crowding out.
Against this background, the MietWoG Bln does not intervene directly existing or to be completed after the law comes into force Contractual relationships, the formation and content of which is based solely on the provisions of the German Civil Code. The rights resulting from such agreements can during the period of validity of the law However, they can only be exercised within the public law limits set by the MietWoG Bln. "
The MietWoG does not interfere with existing or new rental contracts. This means that you can still effectively conclude a rental contract for 15 euros / sqm. The resulting obligations of the tenant to pay the rent cannot be exercised in the period of validity of the law, provided that they exceed the limits of the MietWoG.
This means that the MietWoG does not remove any contractual claims. You may not temporarily request payment.
When the law has expired, the prohibition not to be allowed to demand payment no longer applies. The full arrears during the term of the MietWoG are then to be paid immediately.
Why was this route chosen?
Because the state of Berlin has no legislative powers to intervene in the BGB or existing leases. It can therefore not eliminate contractual obligations with a state law, but can only suppress it temporarily, precisely by prohibiting the acceptance or claiming of rent shares.
Communication
Many tenants will assume that their rent is reduced. This is factually wrong, residues accumulate. With a Berlin-wide wave of redundancies due to arrears after expiry (or judicial repeal) of the law, no one is helped. Here you sit in a boat with your tenants, they are all interested in limiting damage. I therefore recommend that you explain the control mechanism to your tenants, print out the legal text for my sake, mark the above position with a highlighter and press it into your tenants' hands to read. You should urgently point out that unpaid rental shares are debts and must be made up later.
You can also help your tenants, for example by offering them to keep an escrow account in which the differences that you are not allowed to accept can be deposited. Then the temptation to spend them on vacation or other consumption may not be so high.
So that the rental cover is good for something:
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