The following applies to all tenancies:

It is prohibited to demand more than the valid cut-off date rent, including for index-linked and stepped tenancy agreements.

The following additionally applies to re-letting after 23/02/2020:

If the cut-off date rent lies above the upper rent limits given in the rent table, these upper rent limits form the maximum allowable rent. If, on the other hand, the cut-off date rent is below € 5.02 per square metre living space monthly and if the apartment has two modern fitout features, the allowable rent on re-letting increases by € 1; however, to € 5.02 maximum per square metre living space monthly.

In general:

  1. You must inform tenants, without prompting, about the relevant circumstances for calculation of the upper rent limit by 23/04/2020. On request, you must notify of the rent agreed or due as of the cutoff date, in writing or by electronic means. These duties to provide information apply without prompting, even before new letting agreements are concluded. Model letters can be found here.
  2. If the rent is more than 20 % above the allowable upper rent limit, the rent must be reduced to this limit (upper rent limit plus 20 %) by 23/11/2020.
  3. From 01/01/2022, the rent can be increased by the inflation rate of the previous year; however, by 1.3 % maximum. This does not apply if, as a result, the upper rent limits are exceeded. The Senate Department for Urban Development and Housing defines the relevant percentage rate by legal decree.
  4. On request, to avoid undue hardship, the Investitionsbank Berlin (IBB) can approve a rent higher than allowed according to Clauses 3 to 6.
  5. The Investitionsbank Berlin (IBB) must be notified of rent increases due to modernisation and, in the cases supported by the Act, can be allocated to the rent by up to max. €1/sqm.
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