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Tenants Informed About Their Rights by Düsseldorf Tenants' Association and SPD

Soaring Additional Expenses and Exorbitant Rents are creating a substantial issue for numerous residents in Düsseldorf, many of whom are families relying on it.

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Escalating extra costs and exorbitant rents pose a considerable challenge for numerous households...
Escalating extra costs and exorbitant rents pose a considerable challenge for numerous households in Düsseldorf, leaving many families financially strained. These expenses are proving detrimental.

Tenants Informed About Their Rights by Düsseldorf Tenants' Association and SPD

Living in Düsseldorf: What Tenants Need to Know

Dealing with skyrocketing ancillary costs and high rents is a common struggle for many residents in Düsseldorf. To combat this issue, the SPD, in collaboration with the Düsseldorf Tenants' Association, recently shared essential information with the public on how tenants can protect themselves from unwarranted rent hikes and ancillary expenses.

Zanda Martens, chairwoman of the SPD Düsseldorf and an expert in rental law within the SPD parliamentary group, emphasized the importance of informing citizens about their tenant rights. "We want to make people aware of their rental rights and let them know that the SPD Düsseldorf stands with them as we push forward with our large housing construction offensive 2030," Martens stated.

Navigating Ancillary Costs and Exorbitant Rents

Many residents in Düsseldorf shared their concerns that nearly half of their income goes toward rent, leaving little wiggle room for savings, large purchases, or leisure activities. The SPD is advocating for increased housing construction and has negotiated a housing construction offensive with the city leadership. By 2030, 8,000 new affordable homes will be built on municipal land, with development carried out by city-owned entities and cooperatives.

Vulnerable tenants may find themselves facing overpriced rents and illegitimate ancillary costs. In a study published in December 2022 by Mietenmonitor UG, it was found that the rent brake is being violated in nearly every fourth case in Düsseldorf. The findings revealed that in 13.5% of cases, rent increases may have exceeded the limits specified in Section 5 of the WiStG, and in 2.6% of cases, evidence of rent gouging (§ 291 StGB) may have been present. The rent brake is infringed upon when the rent goes more than 20% above the local comparative rent, and rent gouging occurs when the rent goes more than 50% above the local rent index.

Defending Yourself Against Overpriced Rents

Claus Nesemann, the managing director of the Düsseldorf Tenants' Association, advises every tenant to check their rent against the local rent index. When rent is increased, it's especially crucial to review the table. If a tenant feels that the rent is too high, they should first approach the landlord and seek advice from the tenants' association if needed.

Tenants who believe they are facing overpriced rents or ancillary costs can also consult a tenant protection association or hire a lawyer specializing in tenancy law to help negotiate with the landlord or represent them in court if necessary.

Key Takeaways for Tenants

  • Request written justification from your landlord for the rent level and ancillary costs.
  • Join a local Mieterverein (tenant association) for legal advice, sample letters, and legal representation.
  • Consult a lawyer specializing in tenancy law to review your rental agreement and ancillary costs.
  • Compare your rent with Düsseldorf’s local rent index (Mietspiegel).
  • Should negotiations with the landlord prove unsuccessful, consider filing a rent reduction claim at the local court (Amtsgericht) or challenging disputed ancillary costs.

Tenants in Düsseldorf are well-protected under German tenant protection laws, especially when they take advantage of available resources like tenant associations or legal professionals.

Interested in learning more about the study and results in other districts? Check out the Düsseldorf Tenants' Association website here.

Enrichment Data:

1. Legal Framework and Tenant Protections:- Rent Control and Rent Brake: Germany’s rental market is regulated by the Civil Code (Bürgerliches Gesetzbuch, BGB) and the Tenancy Law (Mietrecht). The "rent brake" (Mietpreisbremse) is a federal regulation designed to limit rent increases.- Prohibition of Excessive Rents: Landlords are generally not allowed to demand rents that are more than 10% above the local comparative rent, except in certain justifiable cases.- Modernisation Levy: Landlords can increase rent following modernisation works, but such increases are regulated. The allowable amount for minor modernisation work was recently increased from €10,000 to €20,000, but the procedure remains under review and subject to restrictions.

3. Steps for Tenants to Contest Overpriced Rents and Ancillary Costs:1. Request the Landlord to Provide Evidence: - Justification of Rent Level: Tenants can ask the landlord to justify the rent level, especially if it appears to exceed the local comparative rent. - Explanation of Ancillary Costs: Landlords must provide an annual statement of ancillary costs (Betriebskostenabrechnung), detailing how these costs are calculated.

  1. Consult a Tenant Protection Association or Lawyer
  2. Tenant Protection Associations: Joining a local Mieterverein (tenant association) provides legal advice, sample letters, and often legal representation.
  3. Lawyers Specializing in Tenancy Law: Tenants can consult specialized lawyers to review the legality of the rent and ancillary costs. Legal professionals can help negotiate with the landlord or represent tenants in court if necessary.
  4. Check the Local Comparative Rent
  5. Mietspiegel: The local rent index (Mietspiegel) provides information on average rents in Düsseldorf. Tenants can compare their rent with this index.
  6. Independent Appraisal: In some cases, an independent expert opinion may be obtained to determine if the rent is excessive.
  7. Legal Action
  8. Rent Reduction Claim: If the rent is found to be excessive, tenants can file for a rent reduction with the local court (Amtsgericht). They may request that the rent be adjusted to the local comparative level and may be entitled to a refund of overpaid amounts.
  9. Dispute over Ancillary Costs: If ancillary costs are disputed, tenants can request detailed records and, if necessary, challenge these costs in court.

Additional Notes:

  • Recent Legal Developments: The Berlin rent cap was declared unconstitutional by the Federal Constitutional Court, reinforcing the importance of national regulations and careful legal scrutiny for rent control measures.
  • Tax Considerations: In some cases, financial settlements between landlords and tenants are not considered taxable income for the tenant.
  1. In situations where tenants suspect overpriced rents, they should compare their rent with Düsseldorf's local rent index (Mietspiegel) to ensure it aligns with the average market rates.
  2. If tenants feel their rent is too high, they should initially approach their landlord to discuss the issue, and if needed, seek advice from a tenant association or consult a lawyer specializing in tenancy law for additional support.
  3. Tenants in Düsseldorf should be vigilant about ancillary costs, as a study published by Mietenmonitor UG found that the rent brake is being violated in nearly every fourth case, possibly exceeding specified limits in Section 5 of the WiStG.

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