4 ms·

not just in 10 or 20 years, more like in 9 months! The supreme court will probably rule that the Mietendeckel is unconstitutional in November, which will lead

not just in 10 or 20 years, more like in 9 months! The supreme court will probably rule that the Mietendeckel is unconstitutional in November, which will lead to a nasty situation for many renters with old contracts. If the tenants are lucky the landlord will just ask for the money "saved" to be paid back, but the unlucky ones will be evicted, as being in arrears of more than one month is grounds for termination regardless if you pay it back the the debt or not.

germanier 6y ago
It's extremely unlikely that the court will strike down the law in a way that this situation arises. It's not like everybody starts to pretend that a law has never existed if it's ruled unconstitutional. Usually arrangements will be made for those that relied on it. Especially in a case like this, where another basic right is affected. (It's two months btw)
- throwaway85858 6y ago
  perhaps, but if MietenWoG is struck down that leaves only the BGB. yes you're right, two months not one.
  - germanier 6y ago
    As I said, "strike down" usually doesn't mean "transport everyone into a parallel universe where the law has never existed but all people still have acted the same and deal with the fallout no matter how unjust". Rulings are usually much more nuanced than that (and constitutionally required to be that).
    - blub 6y ago
      This is one more of those "software engineer tries to apply algorithmic thinking to law and gets ridiculous results" situations. If you continue to be patient and repeat that humanity doesn't function according to algorithms, they'll eventually get the message or get bored and leave to work on the next disruption.
distances 6y ago
The tenants are not in arrears. In the common case rents were lowered officially by landlords, with a footnote that the difference is due in full if the law is striked down.
- throwaway85858 6y ago
  Nope! The rental amount agreed in the contract is to be owed by the tenant, this is not changed by the MietenWoG. https://ikb-law.blog/2020/11/19/resume-zum-mietendeckel/ https://ikb-law.blog/2020/11/19/resume-zum-mietendeckel/
  - distances 6y ago
    And as stated in the third paragraph of your link, it's not grounds for termination if the landlord has agreed that part of the rent is suspended until the matter has gone through courts.
Tenoke 6y ago
I have to say - I'm very jealous of my few friends who somehow managed to get a new place in the last few months. Their new contracts are already at the lowered prices so they don't have to fear the backrent like I do (and my reduction is quite big as I was paying way above the average for the area due to having a hard time finding anything in the first place).

germanier 6y ago

It's extremely unlikely that the court will strike down the law in a way that this situation arises. It's not like everybody starts to pretend that a law has never existed if it's ruled unconstitutional. Usually arrangements will be made for those that relied on it. Especially in a case like this, where another basic right is affected. (It's two months btw)

throwaway85858 6y ago
perhaps, but if MietenWoG is struck down that leaves only the BGB. yes you're right, two months not one.
- germanier 6y ago
  As I said, "strike down" usually doesn't mean "transport everyone into a parallel universe where the law has never existed but all people still have acted the same and deal with the fallout no matter how unjust". Rulings are usually much more nuanced than that (and constitutionally required to be that).
  - blub 6y ago
    This is one more of those "software engineer tries to apply algorithmic thinking to law and gets ridiculous results" situations. If you continue to be patient and repeat that humanity doesn't function according to algorithms, they'll eventually get the message or get bored and leave to work on the next disruption.

distances 6y ago

The tenants are not in arrears. In the common case rents were lowered officially by landlords, with a footnote that the difference is due in full if the law is striked down.

throwaway85858 6y ago
Nope! The rental amount agreed in the contract is to be owed by the tenant, this is not changed by the MietenWoG. https://ikb-law.blog/2020/11/19/resume-zum-mietendeckel/ https://ikb-law.blog/2020/11/19/resume-zum-mietendeckel/
- distances 6y ago
  And as stated in the third paragraph of your link, it's not grounds for termination if the landlord has agreed that part of the rent is suspended until the matter has gone through courts.

Tenoke 6y ago

I have to say - I'm very jealous of my few friends who somehow managed to get a new place in the last few months. Their new contracts are already at the lowered prices so they don't have to fear the backrent like I do (and my reduction is quite big as I was paying way above the average for the area due to having a hard time finding anything in the first place).