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Karlsruhe (dpa) - The Federal Court of Justice (BGH) is today dealing with the question of whether tenants are entitled to compensation from the state because of problems with the start of the rental price brake.
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.
In a number of federal states, however, the first ordinances were not properly justified and did not last in court.
The disadvantage are the tenants who now have to live with their excessive rents permanently.
Karlsruhe is about the Hessian regulation.
The suing Internet legal service provider wants to ensure that the state reimburses tenants from Frankfurt for the rent that has been paid too much.
This should also open the way to compensation for other victims.
It remains to be seen whether a judgment will be announced.
(Az. III ZR 25/20)
Announcement by the BGH
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Judgment of the Frankfurt Higher Regional Court of February 13, 2020
Judgment of the LG Frankfurt from March 25, 2019
BGH judgment on the Hessian ordinance of July 17, 2019
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Conny GmbH in January 2020 about the procedure
BVerfG ruling on the rent control of July 18, 2019
Rent brake in the law, § 556d BGB
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Info sheet from the Berlin tenants' association on the rent brake
Overview of the tenants' association with designated areas
Topic page of the Ministry of Justice on tenant protection