Tenant in Berlin: Protection against termination when reporting vacancies!

Tenant in Berlin: Protection against termination when reporting vacancies!

Berlin, Deutschland - In Berlin, the problem of the emptying level and the misuse is an urgent topic. Since 2016, the Berliners have had the opportunity to report empty or misused apartments online. This is intended to return the many living spaces that are not used for permanent living needs. Messages from the population are an important part of counteracting the shortage of apartments. However, it should be noted in practice that landlords have a right to inspect files, which means that the data is not automatically anonymized. In some cases this can lead to dismissals, as tenants report in Pankow.

The legal framework is specified in the misuse berths law (ZWVBG). This law stipulates that the use of living space, which is not intended for permanent living, is prohibited without permission. Nevertheless, there are some gray areas and exceptions. For example, owners who have approval can rent their apartments as holiday apartments. However, there are also extensive regulations to be observed, as a case of the Berlin-Brandenburg Higher Administrative Court shows, in which an applicant was obliged to restore residential use due to vacant living space.

The protection of the whistle giver

The Berlin tenant association emphasizes that the registration procedures for tenants who show a violation of the misuse ban must be made more secure. Managing Director Dr. Ulrike Hamann-Onentz calls for better protection for those who dare to report grievances. The background is that the focus has to focus more on the rights of tenants and the protection of the detectors.

In 2020, the opportunity to make advertisements for misuse was anonymous, but the general uncertainty remains a central problem for many tenants. The spokesman for the Berlin data protection officer has confirmed that in certain procedures, it may be necessary to pass on the data from information from the proceedings. The district office must therefore weigh in individual cases between the confidentiality interest of the notification of the notification and the landlord's interest in information.

legal gray areas and consequences

The law stipulates that the district offices must take measures if living space is to be brought back to residential purposes. In addition to submitting the advertisement, tenants also have the option of speaking directly to landlords or turning on the responsible authorities. A fact that is also complicated are the different regulations in the different federal states in terms of the rights and duties of tenants and landlords.

In cases of abuse or inappropriate use, the district office can also issue requests to restore the living space. It remains important that tenants, landlords and neighbors are aware of the applicable regulations and remain in dialogue.

The challenges related to the empty reserve are particularly important in the context of the increasing lack of housing and the persistently high rents. Cities and municipalities are therefore prompted to issue regulations for misuse and thus keep the housing market stable. It remains to be seen how the legal framework will develop and what measures are taken to counteract the situation as effectively as possible.