Immobilien: Mietrecht-Reform trifft Vermieter hart – Hunderte Euro weniger

Private landlords in Germany are facing significant challenges under a proposed reform of the rental law, according to Kai Warnecke, the president of the owner association Haus & Grund. The new legislation, presented by Federal Justice Minister Stefanie Hubig in February and subsequently approved by the Cabinet, imposes strict regulations and new requirements on the 5.5 million private landlords in the country.

The reforms include a price cap for furnished apartments, stricter rules on tenancy agreements and eviction processes, and a new grace period for tenants who fall behind on their payments.

One of the key changes is the mandatory disclosure of the additional amount, or "mobiliyungsatz," that landlords charge for furnished apartments. This disclosure must be provided before a tenant signs a lease agreement. If this information is not provided, tenants will only have to pay the base rent for unfurnished apartments. However, landlords will have the option to increase the price of furnished apartments after the lease is signed.

The new regulation caps this increase at 10% for fully furnished apartments, down from the original proposal of 5%.

Another significant change is the introduction of a grace period for tenants who are in arrears on their rent payments. If a tenant pays their overdue rent within two months of receiving a formal eviction notice, the eviction proceedings will be halted. However, this grace period only applies if the tenant has not previously taken advantage of it within a two-year period. This new provision could potentially entice tenants to delay their payments, putting landlords at risk of delinquent accounts.

The reform also limits the extent to which landlords can increase rental prices using indexation. While the original proposal suggested capping annual increases in index-linked rents at 3.5%, the revised legislation now restricts these increases to 3% if the overall inflation rate exceeds 3%. This change is expected to have a significant impact on rental costs, particularly in expensive housing markets.