Under certain circumstances, tenants can enforce the continuation of their tenancy. This is the result of a not yet legally binding ruling by the Berlin II Regional Court (case no. 67 S 264/22). Tenants were guaranteed to remain in their Berlin apartment for a further two years, despite the landlord's effective notice of termination for personal use, and the court based its decision on the tense situation on the Berlin housing market. This has so far made it impossible for the tenants to find suitable replacement accommodation despite an intensive search. According to the regional court, the tenants would not even be able to find a replacement home in the foreseeable future via the so-called protected market segment (GMS). The GMS is a contract between the state of Berlin and several housing companies that helps homeless people to find accommodation.
The decision also took into account the fact that the landlady's asserted personal requirements were not urgent. However, although the tenants were allowed to stay in the apartment for the time being, the court also took the landlady's interests into account. The net cold rent to be paid by the tenants has now been raised to a standard market level.source: berlin.de/AZ: 67 S 264/22
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