Unofficial Free English Translation of the Rent Cap / Rent Freeze "Mietendeckel" Law as Published

This document is an unofficial translation of the Berlin Rent Cap / Rent Freeze Law known by the name “Mietendeckel” and it’s official title

Gesetz zur Neuregelung gesetzlicher Vorschriften zur Mietenbegrenzung 

It was published on the Journal of Laws and Ordinances for the State of Berlin on 22 February 2020 and came into force on the following day 23 February 2019.

This date is important to keep in mind when reading the text because it makes it much easier to understand when exchanging the phrase “date of entry into force” by the actual date.

Another phrase is “the effective date” which is the date the Berlin Senate announced the plan of the “Mietendeckel” law, it is 18 June 2019. Replacing the phrase by the date again makes it easier to understand.

I wanted to stay as close to the original text as possible to not obstruct the comparison of the language versions.

This translation has no official character and is free for personal use only. It does not constitute by any means legal advice in any form. The purpose is for non-German speakers to get an understanding of the content of the law and draw conclusions regarding actions to be taken and questions to be asked.

There is a tight timeline and most of the actions have to be taken as an initiative by the landlord. The first action is due by 23 April and the next one 23 November 2020.x

You're welcome to try Google-Translate ...,

or sign up to our newsletter and have the translation in your in-box in two minutes.

Unofficial Free English Translation of the Rent Cap / Rent Freeze "Mietendeckel" Law as Published

Berlin "Mietendeckel" Is A Rent Freeze And A Rent Cap - What Happens When?

The now worldwide infamous "Mietendeckel" under observation by many big cities with housing issues has various aspects to it coming into effect at different times. There is also a differentiation between re-letting and existing contracts. I will give the collection of regulations some structure, later on adding a timeline to it.

	Rent Freeze	Rent Cap
Re-Renting	Rent on 18 June 2019 maximum but possibly restricted by the rent cap table	Rent Cap Table for any contract after the publication date of the law in the Journal of Laws and Ordinances for the State of Berlin Amtsblatt 1)
Existing Contracts	Rent on 18 June 2019 maximum but possibly restricted by the rent cap table. The landlord must actively inform the tenant about the “correct” rent defined by either the date above of the rent cap, whichever is lower. 2)	The rent cap requires a rent reduction by the landlord if the current rent exceeds the rent derived from the cap table by >20%. This action has to happen 9 months after the publication. 3)

1) Before the publication, there is no actual restriction except that rents exceeding the cap table by more than 20% will have to be reduced later.
2) As of 1 January 2022, the rent cap table will be subject to an annual review based on the percentage inflation determined by the Federal Statistics Office as of 31 December of the previous year but limited to 1.3%. The Senate department responsible for housing must define the relevant percentage by way of a legal order.
3) For more details about the cap table see https://germanproperties.blogspot.com/2020/01/the-berlin-rent-cap-mietendeckel-is.html

Applying the cap table and assuming the highest possible value of 9,80 €/m²/month with 0,74 € for a good location and 1,00 € bonus for top equipment and being completed between 2003 and 2013  your top rent is 11,54. Add 20% before it is deemed excessive by the "Mietendeckel" you end up at

13,85 €/m²/month. This is the Maximum!

It does not matter, whether the apartment is furnished or not, if it is older than 2014 this is the maximum rent you can possibly have. There is a time-line to be observed. I will publish a separate post on this subject. One very short time-line applies to current vacancies. For details on this matter please see https://germanproperties.blogspot.com/2020/02/action-required-you-can-optimize-your.html urgently.

Here is the opportunity for you to sign up to this free newsletter:

Don't miss the opportunity.

Berlin "Mietendeckel" Is A Rent Freeze And A Rent Cap - What Happens When?

Berlin Rent Cap - Mietendeckel - Actions Required Before The End of February

The Berlin city parliament voted on Thursday to pass the rent cap “Mietendeckel” draft into law. It will most likely come into effect at the beginning of March, possibly as early as the end of February when officially published.

It applies only to apartments completed before 2014! New property developments are not touched by this law.

There are three major aspects:

• A rent freeze 
• A rent reduction, where applicable
• A tenant rent refund

This article will focus on the rent freeze, the expected impact on the owner and the preparations to be made as the law applies with regard to landlords.

We assume that most of the discussions will initially be with tenants who received a rent increase after the cut-off date of June 18, 2019. Once the law comes into force, it can be checked whether there are any claims for recovery of the increased rent. Incidentally, this also applies to graduated rents (Staffelmiete) that have increased during this period.

The law stipulates that tenants can only request a reduction in rent nine months after the law comes into force. Any claims must be made by the tenants directly, the district offices (Bezirksamt) however may continue to take all measures necessary to enforce the law. This includes, for example, providing tenants with information about the legally permissible rent for their apartment.

However, landlords who have signed a new lease after the cut-off date and before the law comes into effect (end of February or beginning of March) can rest easy. According to a recent clarification in the draft law, this new contract rent will stand. Simple reimbursement of rent that has been paid too much is not owed.
Any rental contract signed between now and the date the law goes into effect is your “freeze rent”. However, the following also applies here: If the rent is inadmissibly high (more the 20% above the rent cap "Mietendeckel" table), a reduction can be requested under the terms of the new legislation.

Actions to take:

Get as many rentals of vacant apartments done by the end of February as possible, but keep in mind the 20% rent cap. More on this specific aspect coming up. 

This is a time critical issue, we can provide support in setting up your action plan and its execution. Contact us via the email address on the right.

Berlin Rent Cap - Mietendeckel - Actions Required Before The End of February

The Berlin Rent Cap - "Mietendeckel" is here. What Do You Have To Do?

Immediately after the law is published, probably in mid-February, a rent freeze applies as the first stage. The key date for this was June 18, 2019. Landlords are then no longer allowed to charge a rent that is above the value at that time. This rent freeze applies at least until January 2022.

Then, nine months later stage two, the most controversial section of the law follows with a rule that has never existed before: The Senate has established a rent table with prices that are based on the age group and fit out standard.

There are also surcharges: one euro for "modern equipment", for example with a fitted kitchen and high-quality flooring, and "location surcharges", a maximum of 0.74 euros per square meter in good locations. Including these surcharges, the absolute maximum price of a net rent in Berlin for a period of five years will be 11.54 euros - in this case for houses built between 2003 and 2013.

When the rent is 20% or more above the applicable table value the landlord has to take the initiative to reduce it.

What to do next?

If your property was completed 2014 or later - have a cup of tea and watch.

If your property is older, there are several things you have to comply with and they all require the landlord to become active or risk fines.

18 June 2019

This is the magic date of the rent freeze. When you are renting now, you are not allowed to exceed the rent of your property on that day. You are not even allowed to accept more if the tenant offers it (which is not unlikely in the current market situation). You would ave a long term legal risk because it is illegal.

Most likely in October 2020 you have to actively adjust your rent according to the table above with bonuses and reductions based on standard (e.g. fitted kitchen) or location, much like the rent table process already applied.

In a new post coming up we will explain in detail which steps a landlord in Berlin with residential apartments older than 2014 will have to take.

If you don't want to miss the updates, subscribe to this blog here on the right of the page.

The Berlin Rent Cap - "Mietendeckel" is here. What Do You Have To Do?

Rental Price Break in 16 Town and Cities in Hesse Unlawful

The Frankfurt District Court (Landgericht) has ruled that the Rental Price Break (Mietpreisbremse) in 16 towns and Cities including Frankfurt has not been sufficiently substantiated and is therefore invalid. This follows similar court rulings in Berlin and Bavaria.

The main feature of the Rental Price Break is a regulation that the rent for new contracts is not allowed to be higher than 10% above the rent table (Mietspiegel) for the area.

This is another blow against attempts by Federal and State Governments to slow the rent increase mainly in urban areas. The legal discussion is not focussing on the regulation itself but on the determination of the areas it should be applied and the data provided to prove the need for the measure.

However, it is not the time for property owners to lean back and take whatever rent they can get. All court rulings are on their way to the next level of appeals up to the Federal Constitutional Court (Bundesverfassungsgericht).

Rental Price Break in 16 Town and Cities in Hesse Unlawful

Common Errors about the "Mietpreisbremse" (rent increase control)

On 1.June 2015 a package of new regulations regarding the German Residential Market became effective. Ever since, many confusing announcements and blog posts were published. Here are the essentials. I will focus on the Berlin Housing Market as Berlin was one of the first states having made all the preparations for the new regulation to be applied to the entire city from the first day.

What is regulated by the Mietpreisbremse package?

1. ONLY contracts signed after 1. June 2015!
   Exception: Contracts with pre-agreed increases (Staffelmiete), these are limited to a net rent of not more than 10% above the Berlin Rent Table.
2. The cost for the renting agent cannot be asked from the tenant, unless he has specifically instructed an agent to find an apartment for him. (The one who orders a service has to pay for it).

 What does this mean for you as the landlord?

Rent Level

First of all there is no immediate action required for either old (before 1.June 2015) or new contracts. Even if the agreed rent in new contracts is more than 10% above the rent table it is up to the tenant to contest the rent level providing the reasons why the rent supposedly is too high. Until and unless this occures the rent in the signed contract is owed.

Renting Agent Commission

This item is more risky for the agent than for the landlord as it constitutes an offence for him to charge the renting commission to the tenant and will attract a fine when reported to the local authorities. Whether the landlord has to pay the commission is not part of this discussion and depends on the direct contractual relationship landlord/agent.

What does this mean for the tenant?

Rent Level 

If the new tenant feels he/she is charged over the odds, immediate action is required: Checking the rent table for location, building age and standard compared to the rental contract. Should the contract rent be more than 10% above the rent table a reprimand letter IMMEDIATELY has to be sent to the landlord or management company. Only from this point a possibly lower rent is owed, before this point the contract rent has to be paid. Legal advice is recommended.

Renting Agent Commission

Should the tenant have received a charge for the renting commission for a contract after 1. June 2015 they should make a request for refund and/or report to the local authorities ( in Berlin it would be the "Wirtschaftsamt" as part of the local council "Bezirksamt"). Legal advice is recommended.

Common Errors about the "Mietpreisbremse" (rent increase control)