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topicnews · September 27, 2024

Tenants no longer behave against landlords

Tenants no longer behave against landlords

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From: Marcel Sowa

Index rental agreements and additional costs in particular are predominantly the subject of dispute between tenants and landlords. © IMAGO / Wolfilser/IMAGO / Panthermedia

Additional costs, terminations for personal use and index rental agreements: The Chiemgau & Berchtesgadener Land tenants’ association is always confronted with these (disputed) topics. What is striking is that fewer and fewer people dare to defend themselves against their landlord. Others, out of desperation while looking for an apartment, sign rental agreements that they later regret. The Bavarian Tenants’ Association also confirms this trend. What are the biggest problems and how could they be solved? And what should tenants and apartment hunters pay attention to?

Bad Reichenhall – The lack of housing has long since become a permanent problem not only in large cities but also in rural areas. In some places attempts are being made to combat this, as the example of Auenstrasse in Bad Reichenhall shows. But die despair has been really big for many people for a long time, as the Chiemgau & Berchtesgadener Land tenants’ association is increasingly noticing. “More and more deaths will become a problem.” Index leases. This means that landlords can constantly increase the rent without getting into problems. This is going crazy“, reports lawyer Susanne Bulenda-Weiß.

Together with Christine Effner, she gives members tips during office hours, listens, shows solutions and makes it clear what landlords are allowed to do and what they are not allowed to do. “Die Index rental agreements ensure that some apartments are barely affordable for their tenants. But the difficulty is that they cannot simply move out and move in somewhere else because there is a lack of living space and therefore alternatives.”

A woman with dark hair and a woman with blonde hair sit at a table and smile.
Lawyer Susanne Bulenda-Weiß and Gabi Streb from the Reichenhall office of the tenants’ association. © Tenants’ Association Chiemgau & Berchtesgadener Land

“This living space will then be lost”

Die The landscape of the Chiemgau and Berchtesgadener Land region is virtually a blessing and a curse At the same time: That’s exactly why many people move here and thus take away living space from the locals. Bulenda-Weiß also confirms this. “Much Find your retirement home here and then buy apartments that were previously used as holiday apartments for a long time and were empty. This living space will then be lost.” Another development: Cancellations for personal use.

The most common advice topics from local tenant associations in 2023

1. Operating costs (37.0 percent)

2. Housing shortages (18.2 percent)

3. General contractual matters (12.4 percent)

4. Rent increase/comparison rent (9.2 percent)

5. Rental deposit (5.0 percent)

6. Termination by tenants (4.9 percent)

7. Termination by tenants (2.9 percent)

8. Cosmetic repairs (2.5 percent)

9. Modernization (1.9 percent)

10. Conversion/change of ownership (0.7 percent)

Source: German Tenants’ Association

This sometimes starts when a house is sold and the new owner wants to evict the old tenants in order to use the new property themselves. “Of course this also happens in other cities.” But most of them come here People who have more money and want to own a holiday apartment or holiday home in Berchtesgadener Land“, says the lawyer. You have also experienced cases in which… terminated for personal use because a local supposedly wanted to move in. As it then turned out, The tenant just wanted to achieve more expensive rents. “Of course we then sued for damages on behalf of our member because the move incurred costs.” But of course the apartment was already gone.

Fear of termination

As Gabi Streb from the office reports, she recently had a young man on the phone. He has lived in one for years Attic apartmentwhich he can barely afford. Are in the rental agreement 70 square meters noted, but there were deaths Sloping ceilings are not taken into account and deducted. The apartment is also very poorly insulated. “The high additional costs are not fair, but he doesn’t want to take action against the landlord for fear of losing the apartment,” says Streb.

And lawyer Bulenda-Weiß tells of a case in which the… Tenant and landlady in a house in apartments of different sizes life. “And yet we should die Additional costs shared in half which is of course totally unfair.” Here, too, the tenant is under pressure and should actually defend herself against it. “But she then says that she doesn’t want to move out because then she doesn’t know where to go.” In general, they are increased additional costs a topic that has become the biggest point of contention in recent months.

When the important capping limit is no longer applicable

The Bavarian State Association of the German Tenants’ Association confirms that these are general developments. As managing director Monika Schmid-Balzert reports, index rental agreements are increasing sharply. “These types of contracts are disadvantageous for tenants given the current high inflation“, she says, making it clear that instruments such as the cap do not apply to these contracts. This says that For example, in Munich the rent can be increased by a maximum of 15 percent within three years may be. In housing markets that are not tight, it is even 20 percent.

What is an index lease?

For the Haus & Grund association, the point of the index rental agreement is that the landlord waives the right to repeatedly adjust the tenants to a comparable rent. Instead, an increase occurs in parallel with the cost of living, which is recorded by the Federal Statistical Office in the consumer price index. This has several advantages and disadvantages, as the association writes.

Schmid-Balzert draws attention to another problem: “It will More and more apartments are rented furnished. What a furniture surcharge can be charged is legally vague, which some landlords take advantage of. We are calling for binding rules here.” The statutory rent cap also applies to furnished apartments. The usual local comparative rent may be charged, plus ten percent (rent cap). “Then comes the furnishing surcharge – and that would have to be regulated more strictly by law become.”

“As a retaliation, a termination for personal use”

The managing director also emphasizes that many people are desperate are because they are afraid of losing their apartment. And that’s why many tenants don’t dare to take action against landlords. “They are worried about receiving a notice of termination for their own use as a retaliation.” “But this is not so easy to enforce for landlords with more than one apartment,” she explains.

Excluding the rent reduction would be very bad for the tenant.

To the typical pitfalls with rental agreements These include Schmid-Balzert Small and cosmetic repairs. “If the clauses are ineffective, the tenant neither has to carry out the repairs nor pay for them.” Excluding the rent reduction would be very bad for the tenants.” Yes Tenants also need to be careful: If defects are mentioned in the rental agreement, the tenant can no longer reduce the rent due to these defects.

Don’t leave already burdened in the tenancy

She advises, Talk to the landlord before signing the contractso that the tenancy does not start already burdened. “But often there is one.” tense housing market where negotiations are not possible, Because otherwise you won’t get the apartment. If the wording in the rental agreement is valid, the agreement can only be changed by mutual agreement. If the clause is ineffective anyway, the tenant has no disadvantages. “You should seek individual advice from the tenants’ association – ideally before signing the contract,” says the head of the regional association.

Her Demands towards politics are clear: “The regulations for furnished living space must be more precise so that tenants are better protected.” For example, the Furnishing surcharge capped become. Gaps in the rent control must be closed.” The association is also calling for one six-year rent freezeto protect tenants, see you again more affordable housing is available.

Keep apartment log

Streb and Bulenda-Weiß from the Chiemgau & Berchtesgadener Land rental association recommend that you prepare a detailed apartment record when moving in. “If damages from previous tenants are not recorded in the report, it will be difficult to prove this.” And I doubt the tenant will be held responsible for this.” This is also one of the problems that they experience again and again. Or that Landlord keeps the deposit or only pays part of itbecause she claimed, for example, that it had not been painted nicely. Here, too, the tenants’ inhibitions about going to court are high.

From their point of view one would municipal rent price index help. “Unfortunately, this is too expensive for many cities and communities.” The problem is that other landlords Online portal consult. These supposed rental price indexes are created based on statistical surveys on the Internet. “Since the apartments and prices on offer are compared, this is not valid as a rental price index,” emphasizes the lawyer.

If the tenant does not agree, the landlord must bring in an expert who will evaluate the apartment, compare it with other properties and analyze an appropriate price. “There is no mirror like this in Berchtesgadener Land, Rosenheim or Traunstein. That’s why many landlords accept index rental agreements,” says Bulenda-Weiß. It would take a committee made up of representatives from the city and tenant and landlord associationsto create a municipal rent price index. “But unfortunately many municipalities simply let this slide.” In addition to building affordable housing, this would also be a way to ease the situation. (MS)

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