Is my rent too high? This is a question that many ask themselves, some are taking action against. But if they tackle this late, statutes of limitations can get in the way. The BGH now wants to clarify whether this is fair.
If you suspect that you are paying too much rent and want to prove it, you need certain information from the landlord – for example about the year the house was built or modernizations. But what happens if the right to information is actually statute-barred before the claim for repayment of possibly excessive rent is asserted?
The Federal Court of Justice (BGH) is dealing with this question today. Specifically, it is about four simultaneously negotiated cases of Berlin tenants, for which the legal service provider Conny GmbH (formerly Wenigermiete.de) is suing. He alleges violations of the rental price brake.
Too much rent from the perspective of the plaintiffs
The landlords had refused to pay back the rent that the plaintiffs considered too much to pay. At the same time, however, they also refused to provide specific information about the apartments. But they are important for assessing whether the agreed rent is too high.
The landlords referred to the fact that they no longer had to provide any information after three years had elapsed due to the statute of limitations. “It cannot be that this right to information becomes statute-barred independently before the claim for payment is asserted or becomes statute-barred itself,” said attorney Christina Heber, who represented the plaintiffs for Conny in the lower courts.
In three cases, the tenants were already right. The competent chambers of the Berlin Regional Court argued that the landlord was not protected from claims for repayment by a statute of limitations. After all, the information is a prerequisite for enforcing claims. A statute of limitations does not contribute to legal peace.
judgment of great consequence
According to Heber, the four cases concern overpaid rent for 6 to 48 months and overpaid amounts of 155 to 300 euros per month. In addition, a lower rent would also apply to the tenants concerned in the future – two of them still live in the respective apartment.
Whether there is already a decision today is open – but from the point of view of lawyer Heber, it could be of great importance. “If we are right, it will definitely be a judgment that will have far-reaching consequences, not just for Berlin but for the entire republic,” she explained. Tenants with older leases could then also refer to this.
Since June 2015, the state governments have been able to designate “areas with tight housing markets”. The Berlin apartments in the four BGH proceedings are also in such particularly sought-after areas. There it applies, for example, that when new tenants move in, landlords may add a maximum of ten percent to the local comparative rent. But there are exceptions: For example, for new or modernized apartments or if the previous tenant has already paid more.
Source: Stern
