The following applies to these tenancies:

It is prohibited to demand more than the agreed rent.

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

It is prohibited to demand an amount above the upper rent limits to be determined using the rent table. If the apartment was let on 18/06/2020, there is also a ban on exceeding this rent, unless it is less than € 5.02 per square metre living space monthly and the apartment has two features of modern fitout. The allowable rent then increases on re-letting by €1; however, to maximum €5.02 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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