Berlin without rent index?

On April 15, 2021, the Federal Constitutional Court ruled that the law on rent caps in the housing sector in Berlin (MietenWoG Bln, so-called "Berliner Mietendeckel″) is unconstitutional (Federal Constitutional Court, decision of April 15, 2021 - 2 BvF 1/20 - 2 BvL 4/20 - 2 BvL 5/20).

Due to the abolition of the rent cap, the Berlin rent index became essential again for rent calculation - a "new" rent index 2021 was published on May 06, 2021.

With the accompanying consequences of the new rent index - whose validity is questionable - among other authors the lawyer Tobias Scheidacker addressed himself. In two interesting articles he points out the main problems of this publication:

"In Berlin exists with high probability since 13.05.2021 no more "Mietspiegel". The as 2021er published "Mietspiegel" corresponds neither to the legal defaults for qualified nor for simple "Mietspiegel". Where the BGB speaks of "Mietspiegel", something is meant that the "Mietspiegel 2021" does not fulfill. The 2019 Mietspiegel expired yesterday by virtue of a statutory transitional provision and therefore cannot still be used in the alternative."

"Without a valid rent index, the Mietpreisbremse already runs de facto into the void. In addition, it is also questionable whether the regulation without rent index is constitutional at all."

What that means for the rent-legal practice, you read in the articles of attorney Tobias Scheidacker after:

Rent increase without rent index and

New letting without Mietpreisbremse

_{Quotations from this text are taken from the above-mentioned articles by attorney Tobias Scheidacker. We thank Mr. Scheideacker for these contributions and release for linking.}