The “lockdown light” ensures that the shop doors are closed again - and your wallet is empty.
Can the rent be reduced due to Corona?
"Corona lockdown" in November: Can I pay less rent?
Update from November 5, 2020
: During the “Lockdown light” in November, restaurants, hotels and numerous other facilities have to close again - this causes financial bottlenecks for many Germans.
But this does not reduce the rent
, as the lawyer Esther Czasch explains to the online portal Immowelt.
The only reason why the rent could be reduced would be if the tenant could not provide the rental property.
Only then is there no obligation to pay rent.
During the first Corona wave in spring, the federal government declared that
arrears in payments from the period from April 1 to June 30
did not entitle the landlord to terminate the contract.
Tenants still have until June 30, 2022 to settle the arrears.
However, this regulation was not extended - not even for the "Lockdown light".
The Federal Government points out on its website that tenants and landlords have been able to come
to an agreement on a private basis
in very many cases
.
If times of crisis are the reason for bottlenecks or failures at external suppliers - such as electricity, water and heating -, according to Esther Czasch, it must first be clarified whether the landlord has to stand for it.
This requires a look at the rental agreement: "In commercial rental agreements, however, the landlord's liability for the failure of external suppliers is usually contractually excluded," says the lawyer, according to Immowelt.
Relief for tenants in the corona crisis
Original
message
from April 7, 2020
: The corona crisis * is causing money problems for many people.
Because short-time work *, termination * or simply no more orders: The economic standstill in many industries is having a financial impact on those affected.
But the running costs want to be paid.
For example rent.
Because: If there is a
payment arrears
of more than one
month's rent
, the landlord can in principle terminate the contract without notice, as the German Tenants' Association clarifies.
The reason why the tenant was unable to pay then no longer matters.
Fortunately, there is good news for tenants *: For example, if you have lost your job due to the current situation and have problems paying rent, you do not have to fear losing your apartment.
Read here
: Can the craftsman still come to my house?
New law should help tenants in the economic crisis
Because the Bundestag and Bundesrat have passed a law designed to help tenants.
After that, they may not be terminated if they have financial difficulties by the end of June due to the Corona crisis.
"
To
do this, however, they have to make their landlord credible
that this is actually due to the virus pandemic,
" says Gerold Happ from the Haus & Grund Germany owners' association.
What tenants should pay attention to: "The obligation to pay the rent remains in principle," explains Hartmann.
"
So tenants still owe the sum
."
They have to settle their debts within the next two years - i.e. by June 2022 at the latest.
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Not a good idea: just not transferring the rent
In addition, simply not transferring the rent now is not a good idea.
"
You have to inform the landlord that you currently cannot pay,
" says Happ.
If you don't do that, you still risk being fired.
Because the protection of the new law explicitly applies to those affected by the Corona crisis.
"I have to provide the proof of my own accord," says Happ.
Landlords shouldn't ask for too much evidence
And how?
"You don't have to take an oath of disclosure," says Happ.
"
But you have to show the landlord a connection with the current situation
."
This can be done in a number of ways, for example by presenting the notice of termination from the employer or the cancellation of projects or events or a bank statement that shows that no more money is coming in.
"Landlords are not allowed to ask for too much evidence," quotes the German press agency Jutta Hartmann from the German Tenants' Association.
"
Tenants should not give an affidavit
, even if the law calls this possibility," she says.
"That can be a disadvantage later on."
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