A landlord may not immediately terminate the lease of a tenant who has partially withheld her rent due to the Berlin rent cap. This has now been decided by the Berlin Regional Court. In the case at hand, the tenant had withheld part of the rent since March 2020 in reliance on the rent cap. She did not immediately repay this part after the rent cap was abolished in spring 2021, but only in June 2021.
Thereupon, the landlady terminated her contract due to default of payment and filed an action for eviction before the Berlin-Mitte District Court. Without success. The appeal to the Berlin Regional Court also failed. In principle, a landlord can reclaim the amounts withheld, according to the Regional Court. However, the tenant must first receive a demand for payment or a reminder.
In the case at hand, the landlord had neither demanded payment from the tenant nor issued a reminder. In its decision, the Berlin Regional Court also pointed out the following: The legal questions arising from the decision of the Federal Constitutional Court in connection with the Berlin rent cap are only complex and difficult for tenants to assess - even with the help of professional legal advice.
Source: Berlin Regional Court/File No. 67 S 298/21
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