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 <br>Learn what the law suggests for Berlin residential or commercial property owners and property owners in our FAQ.<br>
 <br>For which flats does the lease cap apply?<br>
 <br>Rent cap regulations use to non-public housing. Excluded from the policies are openly subsidised housing, social well-being flats, flats in halls of residence and newly constructed flats that were first [prepared](http://inmobiliariaqro.com) for occupancy on 1 January 2014 or that have actually been brought back for residential functions from uninhabitable and empty former home that was transformed at a cost commensurate with a new building.<br>
 <br>Commercial area that has been transformed and rededicated as living area at significant cost is likewise omitted from the rent cap.
 The rent cap applies to social housing which no longer falls under IBB commitment. In this case, it is not the lease on the reliable date, but the last rent concurred in the commitment duration that is to be utilized as the basis.<br>
 <br>The law states "lease in accordance with the lease cap" - what does that imply?<br>
 <br>According to Art. 3 (4 ), rent in accordance with the rent cap indicates the net base lease (not including running expenses and energy costs for heating and warm water), however consisting of all additional charges for furniture and home furnishings.<br>
 <br>In rental agreements in which no net base lease has actually been agreed, the landlord must, if required to do so and at the request of the competent authorities, offer tenants with the precise net base rent quantity together with the data used for the computation basis.<br>
 <br>The length of time is the lease cap valid?<br>
 <br>Can I still increase the lease now?<br>
 <br>The crucial date for the "freezing" of the lease is the date of the [Senate resolution](https://reshine.ai) on 18 June 2019, i.e. after the law enters into force, the standard for a re-letting is the rent that worked on the essential date.<br>
 <br>In principle, the exact same level of lease can be concurred with the next renter. However, this is only acceptable if it does not go beyond the upper lease limitations under Art. 5 MietenWoG.<br>
 <br>If the flat was not rented on the crucial date of 18 June 2019 or if a tenant modification has occurred in between the key date and the effective date of the law, the rent concurred to during this period will be "frozen".<br>
 <br>Just how much rent can I charge as a landlord? In order to figure out the upper lease limitations, the rents noted in the 2013 Berlin Rent Index were updated to show real wage development until 2019. The upper rent limitations are derived from the table in the lease cap law and are finished according to developing age classes and amenities. Surcharges are also allowed. For flats with modern-day features, the [upper limitation](https://vibes.com.ng) is increased by 1 euro. Relevant here are only those amenities offered by the proprietor. According to the law's rent table, contemporary features exists if the home has at least 3 of the 5 following attributes:<br>
 <br>The lease ceiling is likewise increased by a surcharge of 10% if the residential space lies in a structure with no more than two flats. So for the computation of the allowable rent: rent ceiling according to the lease table + additional charges listed above.<br>
 <br>You can find detailed meanings of the five modern-day amenity criteria, as stipulated by the Senate Department for Urban Development and Housing rent cap implementation policies, in our checklist for owners and proprietors.<br>
 <br>How much lease can I charge if I re-let the system?<br>
 <br>If the residential system is re-let after the law enters force, the law prohibits taking a greater lease than the lease that has been "frozen". If the frozen rent is greater than the applicable upper rent limit (see rent table), the unit may just be let at the statutory rent limitation. If needed, surcharges for contemporary facilities and modernisation measures can be considered in the [lease ceiling](https://newyorkmedicalspace.com). In the case of flats whose previous rent was less than EUR 5.02 per square metre, the lease might be increased by a maximum of EUR 1 approximately EUR 5.02 per square metre upon re-letting if modern-day features are available. Modern amenities exists if the home has at least three of the 5 following qualities:<br>
 <br>- Passenger lift, available without limits from the flat and from the building entryway
 - Fitted cooking area
 - High-quality hygienic equipment
 - High-quality flooring in the bulk of rooms
 - Energy usage value of less than 120 kWh/( m TWO a)<br>
 <br>When is a lease considered extreme and when can it be lowered?<br>
 <br>A lease is thought about extreme and is for that reason restricted if it is more than 20% above the appropriate upper lease limitation in the lease table, considering the property location.<br>
 <br>Appropriate additional charges and deductions are likewise suitable:<br>
 <br>- Flats in a simple house -0.28 euros
 [- Flats](https://housersinmobiliaria.com) in a medium house -0.09 euros
 - Flats in a good property area +0.74 euros<br>
 <br>Are modernisations still possible? To what extent can they be assigned to the rent?<br>
 <br>Certain modernisation measures and their apportionment to the rent are allowed as much as a maximum of EUR 1.00 per square metre. This limit likewise uses in the event of several modernisations during the law's validity duration. The prerequisite is that property managers alert the Investitionsbank Berlin (IBB) of increased lease based on modernisation procedures. The IBB is using an online notice treatment. You can send a modernisation notice here.<br>
 <br>Please note that when re-letting domestic area after an apportionable modernisation, the five modern amenity requirements pointed out above might not be in addition allocated (in order to avoid a boost of the upper lease limit by as much as 2 euros/sq. m).<br>
 <br>Which modernisations are allowed?<br>
 <br>Apportionable modernisation measures are those to which property owners are obliged by law:<br>
 <br>- For thermal insulation of the structure envelope, basement ceiling, top floor ceiling or roofing system
 - For using eco-friendly energies
 - For energy-efficient window replacement
 - For heating unit replacement with heating optimisation
 - For the addition of a lift
 - For the elimination of barriers through threshold removal, door widening or restroom conversion<br>
 <br>What options do I have as a residential or commercial property owner if the acceptable lease causes losses or to a hazard to the building structure in the long term?<br>
 <br>In extraordinary cases, the IBB can authorize a higher acceptable rent. The prerequisite is the existence of unnecessary economic difficulty. This is especially pertinent if keeping the acceptable rent would result in long-term losses for the landlord or endanger the building structure over the long term.<br>
 <br>A loss is considered to exist if existing expenses exceed earnings for the [pertinent service](http://lombokprimeland.com) entity. A threat to the building structure exists if the earnings from the residential or commercial property is no longer sufficient for its upkeep.<br>
 <br>It must be kept in mind that financial hardship can only be considered if the challenge is triggered by the rent cap law. Undue economic hardship is also just legitimate if its event does not lie within the sphere of responsibility of the landlord. In other words, expectations of appreciation in value, expected returns, [rising funding](https://demo1.xpertixe.com) expenses outside routine market conditions, expected returns based on excessive leas and losses resulting from the department into service entities do not constitute a case of difficulty.<br>
 <br>You can submit a challenge application to the IBB here.<br>
 <br>What details commitments do I have as a property manager?<br>
 <br>Landlords need to supply tenants with details on the situations appropriate to the estimation of the rent ceiling within two months after the law coming into force and also before the conclusion of a brand-new rental arrangement, without being requested to do so. Landlords need to inform tenants of the amount of the essential date lease on 18 June 2019 upon request. Prior to the signing of a brand-new lease, property owners need to notify future occupants of both without being asked.<br>
 <br>You can discover details of the info obligations under the rent price cap in our checklist for residential or commercial property owners and property owners.<br>
 <br>How are offenses punished?<br>
 <br>A fine of approximately 500,000 euros might be enforced for offenses of the rent price cap.<br>
 <br>Where can I discover more details?<br>
 <br>At www.engelvoelkers.com/mietendeckelberlin you can discover regular updates on the rent price cap.<br>
 <br>Do you have additional concerns?<br>
 <br>We would be pleased to recommend you! More than 50 realty specialists for the Berlin domestic and commercial residential or commercial property market are offered to you for more details at any time face to face, by telephone or by email.<br>
 <br>Ulrich Blaeser<br>
 <br>We are protecting our site and your personal privacy.<br>
 <br>All about the Berlin rent rate cap:<br>
 <br>This indicates the lease price cap<br>
 <br>Rent rate cap calculator<br>[oracle.com](https://docs.oracle.com/javase/8/docs/api/java/util/Properties.html)
 <br>Obligations for [property](https://reshine.ai) owners<br>
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