Re:Berlin rent cap overturned by Germany's top court
by AlchemistCamp on Thursday April 15, 2021 @05:25AM
(#26818144)
A market response to supply and demand is illegal? What law would do that if not a rent cap?
Re:Berlin rent cap overturned by Germany's top court
by lqet on Thursday April 15, 2021 @05:40AM
(#26818251)
§556d, 1 of the German civil code.
https://www.gesetze-im-internet.de/bgb/__556d.html
It's illegal here to demand a rent more than 10% higher than the "ortsübliche Vergleichsmiete", which is approximately the local rent averaged over the last 6 years (exactly defined in §558)
More generally, you cannot simply ask for astronomical prices for anything in Germany just because you know that people are in a position where they have to pay them, that's "Wucher" (racketeering) and against public decency, which is generally illegal according to §138.
Re:Berlin rent cap overturned by Germany's top court
by AlchemistCamp on Thursday April 15, 2021 @06:08AM
(#26818463)
Interesting. That sounds a lot like rent control if the wiggle room is only 10% over a 6 year moving average.
Re:Berlin rent cap overturned by Germany's top court
by acjacobson on Thursday April 15, 2021 @07:57AM
(#26819311)
It is rent control - which basically exists throughout Germany. Even in SF rent controlled apartments can increase some % per year, it is just controlled how much. In Germany this is often done by looking at the region's average price for similar properties and then fixing some limited increase against that. This is distinct from the rent cap that was overturned, which stated no rise in rent at all for five years.
Re:Berlin rent cap overturned by Germany's top court
by cmoser on Thursday April 15, 2021 @05:38AM
(#26818243)
There are multiple kinds of rent caps. One is the maximum annual raise for existing tenants.
Another one is vague and based on the "Mietspiegel", which lists appropriate rents according to quality and location.
If the rent exceeds this by too much, you can sue for "Mietwucher" (rent usury).
Re:Berlin rent cap overturned by Germany's top court
by djbebs on Thursday April 15, 2021 @05:36AM
(#26818232)
Rent control prevents from increasing by more than a set amount every year. Theoretically you can wait for decades raising the rent every year
Re:Berlin rent cap overturned by Germany's top court
by chillyistkult on Thursday April 15, 2021 @05:35AM
(#26818223)
§ 291 StGB Wucher
Because that's illegal, even without the rent cap in Berlin.