Rental price brake in Lower Saxony declared invalid

Lower Saxony has to improve and re-adopt the rent brake three years after it comes into force. The Hanover District Court has declared the law to be ineffective. The reason is a simple formal error. According to the Ministry of Construction, the correction will take at least six months.

Farewell and justification must coincide

The formal error was noticed by the district court in Hanover, which had to deal with the lawsuit of a tenancy law agency: The point was that the agency wanted to force the former landlord of a couple to give up the rent of the previous tenants. The court dismissed this action because it considered the law to be ineffective due to a formal error (file number: 514 C 7045/19).

According to the Ministry of Construction, six other federal states have to improve the rental price brake, among other things because the reason for the regulation was published too late. For example, due to formal errors, courts in Hamburg and Munich, as well as in Stuttgart, declared the rental price brakes invalid and asked the state governments to correct the errors.

Rental price brake: Lower Saxony is checking where it will still apply in the future

Lower Saxony must now re-evaluate in which regions it wants to apply the rent brake, said the ministry spokesman. Many cities and municipalities such as Braunschweig, Hannover, Osnabrück und Wolfsburg are affected. Existing tenancies were also affected by the Lower Saxony Tenant Protection Ordinance: In the 19 cities and municipalities, the cap for rent increases was reduced from 20 to 15 percent within three years. Finally, the lock-up period for these cities and municipalities after the conversion of a rented apartment into a condominium was extended: a buyer should wait five years before he could have terminated the tenancy due to his own use or due to an obstacle to an appropriate economic exploitation of the property. The regular blocking period is three years.

source:www.haufe.de

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