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Karlsruhe (dpa) - Because of problems with the start of the rental price brake in several federal states, numerous tenants have to live with excessive rent on a permanent basis - are they therefore entitled to compensation?
The highest civil judges of the Federal Court of Justice (BGH) will negotiate on Thursday (10 a.m.) in Karlsruhe.
(Az. III ZR 25/20)
The legal service provider Conny GmbH (formerly Wenigermiete.de), who uses an Internet computer to collect claims against landlords, has sued.
There they are hoping for a fundamental judgment that will help millions of tenants to repay.
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Since June 2015, the state governments have been able to designate “areas with tight housing markets”.
There, the principle applies that landlords may charge new tenants a maximum of ten percent more than the local comparable rent.
However, there are exceptions, for example for newly built or modernized apartments.
The rental price brake regulations must include a reason, the law expressly provides for this.
This point has not been properly implemented in a number of federal states.
In the meantime, courts in Bavaria, Hamburg, Baden-Württemberg, North Rhine-Westphalia, Rhineland-Palatinate, Hesse, Brandenburg and Lower Saxony have declared the original regulations to be ineffective.
They had to be reissued.
But: That no longer helps those who have signed a lease in the meantime.
Karlsruhe is about the Hessian regulation.
Conny GmbH wants to enforce for tenants in Frankfurt that the land must reimburse them for rent that has been paid too much.
They had sued their landlord in vain because of the ineffective regulation.
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The action was unsuccessful in the lower courts.
Whether the BGH judges will announce a judgment on Thursday is open.
© dpa-infocom, dpa: 210121-99-112236 / 2
Announcement by the BGH
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Judgment of the Frankfurt Higher Regional Court of February 13, 2020
BVerfG ruling on the rent control of July 18, 2019