What should landlords threaten who demand extortionate rents? The federal states have demanded tougher penalties – but there is no consensus in the federal government.
The traffic light government made up of SPD, Greens and FDP is struggling to find a common position on higher penalties for rent extortion. “The formation of opinion within the federal government is not yet complete,” according to information from the German Press Agency in a cabinet decision.
Federal Minister of Justice Marco Buschmann (FDP) recommended a rejection of the corresponding initiative from the Federal Council because of “concerns”. The Ministry of Economic Affairs, led by the Greens, and the Ministry of Construction, led by the SPD, approved the proposal from the Department of Justice. The other departments raised no objection. The “Bild” newspaper first reported on the statement.
In February, the Bundesrat approved a bill at the request of Bavaria and Brandenburg by a majority. According to this, rent usury should be combated more vigorously and a higher fine for landlords of up to 100,000 euros can be imposed for unreasonably expensive rents. It should also be easier for tenants to prove rent usury. It should be enough that the agreed rent exceeds the local rental costs by 20 percent and that the supply of apartments is low.
According to the current legal situation, a tenant must first prove that he has searched in vain for an apartment and that the landlord is exploiting this situation with overpriced rents. The Bundesrat had already introduced a similar draft law to the Bundestag in 2019. Since the deliberations before the Bundestag elections were not yet complete, the draft had to be resubmitted.
Ministry of Housing: “Keep housing affordable”
Among other things, the Ministry of Construction does not want to give up the topic even after the cabinet decision. “As the Federal Ministry of Housing, it is our job to keep housing affordable. In addition to the rental price brake and capping limit, this also includes the prevention of usury with rents, »explained a spokeswoman on Monday. A spokesman for the Department of Justice, however, said there were questions “with regard to the principle of guilt”. This states that any punishment presupposes guilt and that those who act through no fault of their own must remain unpunished.
Bavaria’s Justice Minister Georg Eisenreich (CSU) told the “Bild” that usurious rents must be combated more vigorously. Many landlords acted responsibly, but the black sheep among them did not deserve protection. He has no understanding for the blockade by the federal government. “Obviously, Federal Minister of Justice Marco Buschmann does not take the concerns of tenants seriously,” said Eisenreich.
Source: Stern

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