Rental freeze act and rental agreement: two rental prices in the contract

With existing rental contracts there is no reason to change them because of the “rental cover”. On the contrary: landlords would suffer unnecessarily disadvantages if they adjusted the rental amount in the rental agreement to the table values of the MietWoG Bln. If the law expires or fails in court, the landlord is bound by what is in the rental agreement.

That is why many Berlin tenants will be given two rental levels in the future: the rent mentioned in the rental agreement and the possibly lower rent due to the “rental cover” that the landlord is actually demanding.

This double rental information is necessary so that the landlord can raise a legally secure rent claim after expiry or judicial failure of the law on rent limitation in housing in Berlin (MietWoG Bln).

The “rental cover” does not allow you to accept a certain amount of rent, but it is not allowed to write the desired rent in the contract anyway.

Landlords must first observe the duty to provide information: The MietWoG Bln obliges them to provide the tenant with information about how the rent has been reached without being asked to do so. This is only information and does not amount to a reduction in the rent or the waiver of a possibly “excessive” part of the rent. The landlord has two months to provide information after the law comes into force.