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  Note from the Berlin Regional Court: This is behind the confusion surrounding the rental brake – Politics | Bit Updates
Home » bitcoin updates » Note from the Berlin Regional Court: This is behind the confusion surrounding the rental brake – Politics

Note from the Berlin Regional Court: This is behind the confusion surrounding the rental brake – Politics

Thursday, September 21st, 2017 | bitcoin updates


Too few apartments and rising rents in the metropolitan areas – the housing shortage in Germany has become a major topic in the Bundestag election campaign. Martin Schulz, head of the SPD, is in favor of more regulation due to the tightening of the rental rate. Federal Chancellor Angela Merkel (CDU) rejects this: There is no lack of housing, no regulation, so the CDU will boost the new building by means of tax gifts, cheap building land and construction money. In these directions, on Tuesday, a notice from the Berlin regional court, according to which the rent brake is unconstitutional. The rent brake does not treat all landlords the same, is therefore unconstitutional. Does it not apply anymore? However, the law still applies and forbids landlords of free housing to take more than usual on the spot. This is stipulated in the rental rate, and the rent brake also allows a supplement of ten percent. Excepted from this "capping limit" are apartments, which before the introduction of the law in 2015 were rented for more money than the rent brake permits. Even complex modernized apartments are excluded from the rent limits. Therefore, if you pay a lot more rent for your new apartment, you can check the rent level, which is customary. If the rent is clearly above it, a tenant's association or a specialist may be able to impose the lower statutory rent.Why is the excitement still so great, if a single court has only given a hint, because the landlord now have a lever to block the rent brake – and they will. At the same time, expert lawyers for tenancy law such as Andreas Griebel from the firm of Rödl are convinced: "I firmly believe that other parties will again bring legal action to bring about a higher new lease beyond the rent brake or to demand too much rent." in the current case, because in the concrete dispute the claim of the higher rent was also entitled for other reasons. When will the Federal Constitutional Court pronounce a basic principle of the rental brake? A new levy would have to be passed again from the District Court to the Supreme Court. And not all chambers of the Landgericht doubt that the law violates the constitution. In March another chamber had still denied this. Specialist Griebel says: "A judge may rent an apartment himself, while the other pays a lot of rent" – also such a thing resonates with a judgment. Annette Gabriel's lawyer, Jürgen, criticizes this critically: "Every judge decides objectively the facts with the necessary neutrality independently of the personal background." How does the Berlin Landgericht justify the fact that the rent brake breaches the basic law? That is contrary to Article 3 (1) of the Grundgesetz, according to which 'the same is to be treated in the same way'. Exceptions are possible, but they should be well-founded. This is precisely what the legislator has neglected. He wanted to protect "low-income households and average earners". But there is no "any indication" that households from these target groups are better off in Munich than in Berlin. Nevertheless, landlords in Munich are expected to charge € 11.28 per square meter rent from the needy, while in Berlin (West), only € 7.14. The landlords would therefore be treated unequally without good reason.

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