Berlin Tenants’ Association – a strong and influential consulting organization for tenants
The Berlin Tenants’ Association represents its members` interests in all questions concerning the lease of their accommodation. Since 1888 we have been committed to improving tenants` rights and a social housing policy. We support reasonable rents backed by legislation. We also support the development of new social and affordable housing and other urban developments, while avoiding the displacement of tenants. With more than 160,000 members the Berlin Tenants’ Association is the largest in Germany.
Tenants’ associations have a long tradition in Germany.
This is because Germany has a much higher proportion of rented accommodation than in comparable countries. In fact, 85% of Berlin residents are tenants. In Germany there exist comprehensive tenancy rights. Your tenants’ associations is ready to help to enforce your comprehensive rights in this area.
How can the Berlin Tenants’ Association help you?
We have lawyers, assessors, energy consultants and other staff to support you in any disputes with your landlords.
We offer our members
- Personal legal advice in several consulting centers throughout the city
- Telephone advice via hotline
- Advice by return of mail
- Correspondence with landlords
- Information on tenancy law on our website, flyers and the tenants’ magazine (MieterMagazin)
- Protection insurance for tenancy law, which may pay legal costs after a three month waiting period from the start of the membership.
How much does membership cost?
The joining fee for membership of the Berlin Tenants´ Association is 7.50 €. After this the following monthly payments, which include legal insurance costs, will become due:
€ 9.00 (reducing after 5, 10, 15, 20 and 25 years membership)
€ 4.50 for those on low-income, on request and provision of documentary evidence
Duration of membership is at least two years. Notice of termination, to take effect of the end of a calendar year, must be received by September 30th.
Important information concerning German rental law
Lease
The lease regulates the essential rights and obligations of tenant and
landlord. Agreements in leases which penalise the tenant unreasonably are not binding even if the tenant is a signatory. The person who signs the lease is liable for the rent. Subsequent amendments to the lease, such as change of tenant, require the written permission of the landlord. Renting social housing flats built with public funds requires a special document (Wohnberechtigungsschein). You can obtain this document at the local housing authority (Wohnungsamt).
Deposit
If a deposit is agreed in the lease, this is limited to a maximum of three months rent payable at the beginning of the tenancy. This deposit must be held separately from the landlord’s others assets. The deposit must usually be refunded in full within six months of vacating the flat unless the landlord has an authorised charge against the deposit.
Rent levels when signing a lease
In Berlin, the net rent (without operating and heating costs) is limited to 10% above the local comparative rent (rent index/Berliner Mietspiegel) for new leases. There are some exceptions, for example social housing apartments which follow different rules.
More informations here: Rent Control Rent Brake in Germany IUT 1-2018
Attention: On 23 February 2020 an new Berlin law entitled “Law on the Revision of Legal Provisions regarding Rent Limitation”, called the “Rent Freeze“, came into effect after it had been passed end of January by the Berlin House of Representatives. It represents a law of the federal state of Berlin creating rent limitations based on its federal authority for housing. It prohibits exceeding of these caps and includes fines for breach of this law. The law is effective for a period of five years. Civil-law agreements between tenant and landlord thus are no longer valid if they go beyond the rent caps defined by public law of the federal state of Berlin.
The rent freeze law consists of four sections:
- rent freeze or limitation of rent increases
- rent limitation after modernisation
- rent limitation when re-letting – conclusion of a new lease
- reduction of high rents
See more: The Berlin Rent Cap
Rent increases
Attention: On 23 February 2020 an new Berlin law entitled “Law on the Revision of Legal Provisions regarding Rent Limitation”, called the “Rent Freeze“, came into effect after it had been passed end of January by the Berlin House of Representatives. It represents a law of the federal state of Berlin creating rent limitations based on its federal authority for housing. It prohibits exceeding of these caps and includes fines for breach of this law. The law is effective for a period of five years. Civil-law agreements between tenant and landlord thus are no longer valid if they go beyond the rent caps defined by public law of the federal state of Berlin.
The rent freeze law consists of four sections:
- rent freeze or limitation of rent increases
- rent limitation after modernisation
- rent limitation when re-letting – conclusion of a new lease
- reduction of high rents
See more: The Berlin Rent Cap
Operating costs
If the lease specifies, then tenants must pay certain costs in advance. Examples for these costs include heating and hot water, garbage disposal, house cleaning, water supply, gardening and elevator maintenance. The landlord must settle these costs annually.
Maintenance problems
If during the tenancy any problems occur such as evidence of mould, faulty windows or failure of the heating or hot water supply, the tenant can ask the landlord to remedy these problems. This must be done in writing, stating the required completion date.
Modernisation
Structure alterations to the accommodation require the agreement of the tenant. Tenants generally have to accept energy saving measures. The landlord may pass on 8% of the costs of some improvements by adding this amount to the annually rent in future years, but maximum 2 €/sqm, if the rent before modernisation is under 7 € sqm/monthly and 3 €/sqm/monthly if the rent is above 7 €/sqm. The tenant can contest the extra costs in certain circumstances such as in the case of financial hardship.
Attention: On 23 February 2020 an new Berlin law entitled “Law on the Revision of Legal Provisions regarding Rent Limitation”, called the “Rent Freeze“, came into effect after it had been passed end of January by the Berlin House of Representatives. It represents a law of the federal state of Berlin creating rent limitations based on its federal authority for housing. It prohibits exceeding of these caps and includes fines for breach of this law. The law is effective for a period of five years. Civil-law agreements between tenant and landlord thus are no longer valid if they go beyond the rent caps defined by public law of the federal state of Berlin.
The rent freeze law consists of four sections:
- rent freeze or limitation of rent increases
- rent limitation after modernisation
- rent limitation when re-letting – conclusion of a new lease
- reduction of high rents
See more: The Berlin Rent Cap
We are looking forward to hearing from you
Are you interested in joining the Berliner Tenants` Association (Berliner Mieterverein). Do you wish to learn more about our consulting services?
Contact us via E-Mail or phone 030/226 260.
German Language
All our advice to you will be in the German language and any representation on your behalf will also be in German.
13.05.2020
