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HOUSING

How Germany is reforming its rental law in favour of tenants

Starting next year, tenants in Germany won't have to fear so many drastic mark-ups after modernizations of their flats, and will be better able to rebuke price increases.

How Germany is reforming its rental law in favour of tenants
Flats to let in central Munich, one of the areas most affected by rental increases. Photo: DPA

They should also be able to defend themselves more easily against exorbitant rents – as Germany’s controversial Mietpreisbremse (rental control law) is to be improved accordingly. The law, enacted in the summer of 2015, set a cap for how high landlords in urban areas in Germany could charge above the so-called Mietspiegel, or rental average.

The coalition factions Christian and Social Democrats (CDU/CSU) and Social Democrats (SPD) agreed on a compromise on tenancy law, which the Bundestag wants to put into law on Thursday. Rents, especially in large urban areas in Germany such as Berlin, Hamburg and Munich, have risen massively in recent years.

SEE ALSO: What Germany is doing to keep rents down: special report

The rules, according to which landlords may allocate a part of the costs to tenants after modernizations, are to be tightened. Nationwide landlords may reclaim annually only eight instead of 11 percent of the costs from their tenants that they can now, to cover the costs of repairs or refurbishings to a flat.

The trend of “modernizing out” has been regarded as a major problem in the housing market – for example, when an apartment is luxuriously renovated and tenants can no longer fork down the higher rent.

“The situation, especially in large urban areas, is serious,” said Minister of Justice Katarina Barley (SPD). Young families and single parents in particular have great problems finding affordable housing in so-called conurbations, or vast urban regions comprised of a number of cities and large town, she added.  

The planned capping limit of three euros permitted rent increase per square meter of living space within six years after modernizations remains – but the law will be tightened: Where the rent amounts to less than seven euros per square meter, landlords may only add on an additional two euros per square meter within six years. 

SEE ALSO: Tip of the week: When can my landlord raise my rent?

Reforming the rent index

The current law states that the rental price can only be set at ten percent higher than the so-called Mietspiegel in certain cases – for new buildings, renovations or if the previous rent was already higher one year before the end of the tenancy.

Yet under the new regulations, set to go into effect on January 1st, 2019, tenants should now be able to see more easily why they pay more than previous tenants. If a landlord demands more, he will have to inform the tenant of this before the contract is concluded and state a reason – this was not the case until now.

If the tenant thinks that his landlord is asking too much, it should be easier in future to object, said a speaker of Barley.

The renter is now allowed to rebuke the landlord if the raise in rent is not reasonably justified. The landlord in turn will be obligated to state a reason before making an increase. If the renter still is not sure if the increase is justified, he or she can seek the council of the local Mieterverein, a renter's association which offers legal advice for minimal fees.

SEE ALSO: How to join a Mieterverein (renter's association) in Germany

The previous Grand Coalition introduced the Mietpreisbreme or rent price brake. It applies in regions with a tense and overcrowded housing market, which are determined by the federal states. Yet the law quickly proved to be ineffective – partly because tenants usually did not know how much their predecessors had paid.

“It has always been important to the union that people are not driven out of their traditional residential areas because they can no longer afford their rent,” said SPD Union tenancy law expert Jan-Marco Luczak.

However not everyone was satisfied with the the new legislation changes. Free Democratic  (FDP) member of parliament Katharina Willkomm said that the rent brake was fundamentally unsuitable for tackling the causes of the rent increase and that new residential construction was necessary.

Axel Gedaschko, President of the German Housing Industry Association, felt it would restrict rentals from receiving the refurbishings they needed. “An additional restriction for modernization – and this again especially for landlords with low rents – is completely counterproductive and jeopardizes the future viability of housing in Germany.”

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DRIVING

What are the rules around driving a friend or relative’s car in Germany?

If you want to travel around in Germany, a friend, relative or maybe a neighbour might offer you their vehicle to use. But what does the law say about driving someone else's car in Germany?

What are the rules around driving a friend or relative's car in Germany?

Many people in Germany do not have a car, especially those living in larger cities where public transport works well.

However, sometimes you might need one, whether it is to transport something or maybe to go on a trip through the country.

Fortunately, even if you do not own a car yourself, you can still drive someone else’s vehicle, whether it belongs to a relative, friend, or maybe a neighbour. You can obviously also rent one from a rental agency or through carsharing.

Valid licence and approval from owner

In Germany, motor vehicle liability insurance – or Kfz-Haftpflichtversicherung – is linked to the vehicle and not to the driver. This means that the owner’s insurance normally covers anyone who drives the car – as long as they have permission and the insurance policy allows it.

Therefore, in principle, you can drive someone else’s car if you have the owner’s permission and, of course, a valid driver’s license.

However, you still need to read the fine print on the car’s insurance policy to make sure it doesn’t have any particular restrictions on additional drivers, as some policies might specify who is allowed to drive. Some policies will only allow one person to drive: the policyholder. If the policy allows additional drivers, you’re typically good to go.

This is also important if you rent a car in Germany. If you do, you’ll need to declare every driver who may potentially drive it and provide their licence information. If you plan on driving the car outside Germany, you’ll need to declare where. This typically increases the cost of the rental. If you use a carsharing service, only you can typically drive the car you’re renting.

While borrowing someone’s car, you should also have the vehicle’s registration documents and proof of insurance. If you forget the documents, you might need to pay a fine or face complications in the case of an accident or a ticket.

If an accident occurs, you need to contact the car owner. The owner’s insurance company will handle claims or damages.

READ ALSO: EU countries to extend range of offences foreign drivers can be fined for

Valid licence in Germany

To drive someone else’s – or indeed anyone’s – car in Germany, you need to have a valid licence.

If you have a valid German or another EU licence, this is straightforward.

EU driving licences on a table.

EU driving licences on a table. Having a valid licence is a legal requirement for driving in Germany. Photo: picture alliance/dpa | Sina Schuldt

If you have a non-EU licence, you can typically drive on it in Germany for the first six months you’re here.

After six months of legal residence in Germany, you won’t be able to drive on your non-EU licence. You will need to convert your non-EU licence to a German one. You can check out The Local’s guide for how this is done.

READ ALSO: How do I convert my foreign driver’s licence into a German one?

Car insurance in Germany

If you own a vehicle in Germany, you’re required to have insurance on it.

The cost of your car insurance is based on a wide range of factors, such as driving experience, car engine size, and location.

Inexperienced drivers, high-powered cars, and drivers living in urban areas typically face higher insurance premiums.

Maintaining a no-claim driving record will lead to a lower fee, as it often leads to lower insurance premiums with your next insurer.

Car insurance premiums can vary quite widely in Germany.

You might be able to get some premiums for €400 a year or even lower. But again, this depends on the make and model of your car, its current estimated value, how old it is, how much experience you have driving and a host of other factors – including whether you allow additional drivers on it.

READ NEXT: Why drivers in Germany could face hike in car insurance rates next year

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