If tenants want to know whether the rent freeze applies to their property or not, they can request more relevant information from their tenant. This was recently decided by the Federal Court of Justice (AZ: VIII ZR 375/21, VIII ZR 8/22, VIII ZR 60/22 and VIII ZR 125/22). The right to information expires within the regular limitation period of three years. However, according to the BGH, the limitation period is not the time of the conclusion of the rental agreement, but the time of the tenant's request for information.
In this case, a limited liability company registered in the legal services register asserted the rights of the tenants. The tenants live in areas with a tight housing market in accordance with the Berlin Rent Limitation Ordinance of April 28, 2015. Essentially, the GmbH demanded information for the tenants about certain circumstances relevant to the calculation of the permissible rent level, repayment of overpaid rent and compensation for pre-litigation court costs. The defendant landlords invoked the statute of limitations on the right to information.
However, the BGH also clarified that the right to information - irrespective of the tenant's claim to repayment of overpaid rent - may be time-barred. Praise for this decision comes from the German Tenants' Association. "Tenants should check their rent for the permissible amount and not be afraid to request comprehensive information from their landlord or landlady about the circumstances surrounding its calculation. They have this right even if the rental agreement was concluded years ago. Fortunately, the Senate clarified this today," says Lukas Siebenkotten, President of the German Tenants' Association.
Sources: bundesgerichtshof.de/(AZ: VIII ZR 375/21, VIII ZR 8/22, VIII ZR 60/22 and VIII ZR 125/22), mieterbund.de
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