In a move to combat excessive rents, the Berlin Senate has implemented a new instrument called the ‘rent scan’. This system automatically screens apartment listings on online portals for potential breaches of the rent cap, as announced by Housing Senator Christian Gaebler (SPD).
Suspected Violations in 46 Percent of Advertisements
An initial evaluation of more than 7,700 rental listings in June revealed that 46 percent – nearly half – are suspected of violating existing regulations. According to Gaebler, landlords involved in these cases will now be contacted in writing. The letters will urge them to review their rental demands and adjust them if the statutory limit has been exceeded.
The rent scan is set to continue on a monthly basis for the foreseeable future. The primary objective is to proactively inform landlords about potential violations of applicable law and to prevent them from exploiting the current housing shortage. Furthermore, this initiative aims to support residents in their search for affordable housing options.
Gaebler: Decisive Action Against Rent Gouging
“Berlin is utilizing every available resource to enforce tenant protection within the city,” Senator Gaebler stated. “With the Rent Scan, we aim to focus on landlords and take decisive action against rent gouging.” The ultimate goal is to ensure fairness for tenants, while also upholding the interests of law-abiding landlords.
Under the existing rent cap law, the rent for newly leased apartments must not exceed the local market rate by more than 10 percent. The local rent index serves as the basis for this calculation. Certain exceptions apply, such as for the initial leasing of apartments in new buildings.
If a rent is more than 20 percent above this established level, it is considered excessive. Such an offense can be penalized as an administrative infraction, carrying fines of up to 50,000 euros. Should a rent demand exceed the local comparative rent by more than 50 percent, it is classified as a usurious rent, which can constitute a criminal offense.
