Backdated reclaim in case of violation of the rent brake
In tenancies that were concluded after 1.4.2020, tenants can reclaim overpaid rent retroactively if the rent brake is violated.
Tenants have a claim to repayment of the entire excess rent paid from the start of the rental relationship if they give notice of the violation of the rent brake within the first 2 1/2 years after the start of the rental relationship and the rental relationship had not yet been terminated when the notice was received. Later notices of defects shall only constitute a right of reclaim for rents which have become due after the notice of defect.
For existing tenancies, it shall also apply that tenants can only demand the return of overpaid rent from the time of the complaint.
The complaint must be made in text form.
Rental price brake was extended until 2025
Cities and municipalities can apply the rent brake in areas with tight housing markets. Here, the rent for newly concluded rental agreements may not exceed the local comparative rent by more than ten percent. This was initially only waived until the end of 2020.