Rising rents: Minister threatens unfair landlords with fine

From the perspective of Federal Minister of Justice Stefanie Hubig (SPD), the extension of the rental brake decided by the Bundestag is not sufficient to protect tenants from excessive claims. “After the summer break, an expert commission will start her work, which will deal with further urgent questions of tenancy law,” said Hubig of the German Press Agency. Among other things, this should make suggestions for a fine that refers to violations of the rental price brake. This is also agreed in the coalition agreement between the CDU, CSU and SPD.

The rental price brake applies in areas that determine the respective state government as an area with a tense housing market. If an apartment is re -letted, the rent may be a maximum of ten percent above the local comparison rent at the beginning of the rental. This is the average rent for comparable apartments that can be found in rent index, for example. However, there are exceptions for new buildings that were rented for the first time after 2014 and for extensively modernized apartments.

Tenant can reclaim excessive rent

It is currently the case that the tenant, if a landlord violates the rental price brake, can reclaim the excessive rent from him. “The landlord does not have to fear any more,” criticized Hubig. “In my view, this is unsatisfactory.”

If you are afraid, do not contradict

The SPD politician says that she is important to emphasize that “there are many ordinary landlords in Germany”. At the same time, it is important that many people with smaller and medium -sized incomes do not contradict themselves if an apartment is offered to them at unfair conditions. “If you are afraid of losing your roof over your head, you don’t contradict in case of doubt.” Therefore, the legislator must work here.

Suggestions should be available by the end of 2026

The Commission on Rentrecht Questions should submit its proposals by December 31, 2026 at the latest. The committee should belong to experts from the judiciary and science, from the associations of tenants and landlords as well as from the German Cities Day.

The Commission also has the task of thinking about how the currently relatively toothless regulation as rental usury could be reformed in economic criminal law. She should check how to “give a bite to the rental usury,” said Hubig. So far: “Anyone who deliberately or carelessly acts for the rental of rooms for living or associated ancillary services inappropriate high fees, promises or accepts.” A rent that is more than 20 percent above the local comparison rent is inappropriate.

The Federal Minister of Justice had already announced that after extending the rental price brake, she also wanted to change the rules for index rental contracts, short -term rental contracts and furnished living. “Index rents can quickly overload tenants if consumer prices attract heavily,” says Hubig. Short -term rental contracts and the rental of furnished apartments could be used to bypass the rental price brake. She wanted to put a stop to this.

Victims should be able to get out of the rental agreement

And the SPD politician is currently doing another project that affects the landlord. It wants to help women affected by domestic violence so that they can move out more easily from an apartment rented together with the perpetrator. So far, in such cases it is often difficult to detach yourself from the rental agreement without the participation of the violent partner.

Federal Council advises on extension

The Federal Council deals with the rental price brake this Friday. Your extension by four years is not controversial. The Greens had pleaded for a more far-reaching regulation during the traffic light coalition.