Rent caps have been in place in Germany for around ten years. In 2015, the federal government passed a corresponding law under then Chancellor Angela Merkel (CDU). Since then, state governments have been allowed to declare a “tense housing situation” in cities and regions.
Then future rental agreements must be based on the local rent index. This shows how high the average, so-called local comparative rent is – new contracts may exceed this value by a maximum of ten percent.
Regulation with many loopholes
But as simple as the rule sounds, the special cases are just as extensive. New buildings are excluded, as are comprehensively modernized apartments – and also furnished apartments, according to the general assessment. In fact, the rent cap basically also applies to furnished apartments, as both the “German Tenants’ Association Bavaria” and the owners’ association “Haus und Grund Deutschland” emphasize.
However, landlords can charge a surcharge on the rent if, for example, a fitted kitchen is included in the apartment. This surcharge is then usually calculated according to a depreciation model, so it depends on the value and the expected lifespan of the kitchen.
Does unclear regulation lead to abuse?
However, especially in cities with an extremely tense rental situation, landlords do not always seem to follow these rules. Student apartments with a table and a chair – and the rent increases significantly. Even if the law is not always clearly formulated and the misconception that the rent cap does not apply is widespread: something like this is a clear violation of the rent cap, according to the Bavarian Tenants’ Association.
Monika Schmid-Balzert, from the Bavarian Tenants’ Association, calculates this using the example of a chair: Assuming that it is worth 60 euros and will last another ten years, a landlord could charge a surcharge of six euros per year, so the rent increases by 50 per chair cents per month.
Landlords often don’t know the rent control rules
The problem, however, is that the surcharge for the furniture does not have to be listed separately in the rental agreement. Here the tenants have to calculate and compare themselves: How much is the actual rent for an apartment with the appropriate location and size? And how much is the furniture provided approximately worth? If the rent demanded is higher, you have to consider whether the legal dispute with the landlord is worth it.
A spokeswoman for Haus & Grund wrote in response to a BR query: Landlords also often have insufficient knowledge of the applicable rent control rules. Ideally, the two parties discover an oversight and adjust the rent – but what if not?
This is how you defend yourself against furniture surcharges
In this case, professional support is urgently needed. Either through a lawyer or through a tenant association, such as the tenant association, the tenant assistance association, or similar organizations that deal with the topic. In order to enforce the law, a complaint is necessary, which is better written together with professionals.
The complaint is also valid retrospectively, emphasizes Monika Schmid-Balzert. So if an excessive rent is mentioned during the apartment inspection, those interested do not have to point out the regulation there – and thus probably ruin all chances of getting their dream apartment.
The complaint can also happen after the contract has been signed – even several years later. But one thing is clear: Before signing a contract, you should generally find out whether there are other exceptions to the rent cap. The law is not particularly user-friendly, and the tenants’ association and the landlords’ association also agree on this.
