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HOUSING

‘In Berlin’s housing market people are getting mad, getting scared’

Germany’s affordable housing problems are magnified in Berlin, where a swelling population is leading to eye-watering rent increases. While some tenants are being pushed out of their homes, others are fighting back.

'In Berlin’s housing market people are getting mad, getting scared'
A protest against rising rents. Photo: DPA

When Marian Ryan moved into what she calls “the last scruffy corner” of Berlin district Prenzlauer Berg in 2010, she and her partner were already paying what most of the neighbours in their house considered too much: €700 cold for 75 square metres.

But the ground-floor location was ideal for Ryan, a writer with physical mobility issues who works from home. So in 2014, when the landlord offered her and all of her neighbours a €100-per-square-metre settlement to leave the building prior to renovation work, most refused. “Everybody thought that was an atrocious offer,” she said.

Ryan was experiencing something first hand that has become a central social issue in Berlin in recent years: an overheated rental market is making it lucrative for landlords to try and push out long-term tenants in order to charge new tenants much higher rents.

Two years after the initial offer, a representative of the real estate company came to discuss building renovations to the common spaces, like a new elevator and balconies. He passed out a letter stating that the changes would affect tenants’ rent, and they should contact the landlord to discuss it.

“It was all very vague, and it didn’t say anything about us having to leave,” Ryan said.

In late 2016, construction work commenced, with each project leaving a bigger mess, like uncollected trash accumulating for weeks. Ryan remembers it “like a frog being boiled in a pot of water, just gradually getting worse.”

Through 2017, construction noise and the chaos took its toll. When a jackhammer started deconstructing the marble tile in her hallway, the noise became unbearable. Ryan’s partner was ready to leave, and he contacted the landlord. They were sent a contract to sign, but it still had the name and settlement amount of a different tenant in the building, who had moved out two years prior.

“There were typos and things. All of these alarm bells went off – the contract was so unprofessional!” A lawyer from the Berliner Mieterverein whom they consulted agreed the terms were unfair, and their proposed deal included a gag order against the couple talking about their settlement.

Instead, they filed an injunction against the elevator construction. After two court cases, a settlement of nearly €30,000, and continued construction, Ryan and her partner moved out last autumn.

Photo: DPA

Germany: a renter society

Across the country, Germans are more likely to rent than people in most of the rest of Western Europe. Historically, the partnership between public-sector subsidies and private-sector development has contributed to a robust, high quality, and fairly stable rental market, making renting a more attractive option than owning for nearly half of Germans.

But this delicate balance has been breaking down recently.

Low-income housing in Germany is decreasing while rent prices in Germany’s big cities are rapidly growing, explains Dr. Jutta Hartmann of the Deutscher Mieterbund, Germany’s national tenant association.  

She cites less construction of homes, increased immigration, and complicated legal requirements on energy efficiency as major contributors.

Additionally, the much-lauded Mietpreisbremse, or “rental price break law,” introduced in 2015 to cap rent increases at 10% above the local average in areas with tight housing markets, has often proved ineffective.

SEE ALSO: Germany's controversial rent control law works after all (at least in central Berlin)

“In Germany, there are actually only around 1.25 million social housing units,” Dr. Hartmann explains. “Annually, between 40,000 and 50,000 apartments fall out of social housing agreements, and there has not been an expansion in the offerings.”

In 1990, a federal government report placed the number of social housing units at around three million.

The national trend is amplified in Berlin, where the population is growing by around 40,000 people a year. Since 2009, rents have increased across the capital city by 46%, while around 50% of households in Berlin are now entitled to rental assistance.

Many of the capital’s young, new inhabitants spend weekends hopping between open houses, vying with 50 or more prospective tenants in rapidly gentrifying neighbourhoods.

Loopholes in the Mietpreisbremse allow landlords to breach the 10% ceiling for a variety of reasons. For example, if the landlord spends more than one-third of the price of building a new unit on modernizing the flat, the Mietpreisbremse does not apply. That means that there has been more money spent on modernizing Berlin’s housing stock, but it has also led to coerced move-outs and outright evictions.

“The death of affordable housing”. Kreuzberg. Photo: DPA

Public housing mysteries sorted – sort of

There are about 1.6 million rental homes in Berlin, around one-fourth of which are either owned by the city’s six municipal housing companies or are part of social housing programs.

The municipal housing companies are for-profit, independent entities whose shares are held by the city. Encouraged by a city government eager to pay down its debts, several years ago city officials mandated that these companies raise rents, generate revenue, and create an income for the city to pay off debts. As a result, much of Berlin’s public housing is market rate and higher.

In 2015 a grass-roots initiative collected 50,000 signatures and threatened to force a referendum on social housing. The Berlin Senate responded by passed an affordable housing law, making social housing more affordable and less at risk for privatization. It provides more funds for the modernization of buildings, makes it more difficult to evict a tenant from social housing, and expands the role of tenant advisory boards to make the sale of public housing much more difficult.

It also stipulates that one in five apartments owned by those city-controlled companies shall be reserved for refugees and homeless people. The core feature of the bill caps rent for low-income tenants at 30% of their income, with the government stepping in to subsidize higher rents in municipal buildings.

However, as Dr. Hartmann points out, a number of units fall out of social housing agreements each year. This “fall out” has to do with a public sector subsidy offered in the 1990s to private developers which encouraged them to build low income housing in exchange for the promise that the rents would remain affordable for 20 years. Often renters have been forced out of their homes of over 15 years when the agreements expire and landlords have snapped rents back to market rates.

Critics of the city’s bill also claim it doesn’t go far enough. “It’s not a sustainable policy at all,” says Michael LaFond, referring to the 20-year subsidies. “We can’t afford to throw money out there to build homes that we won’t have 10 or 20 years later”, says Le Fond, founder of ID:22 Institute for Creative Sustainability, a non-profit idea lab for urban co-housing theory and practice.

Another critique is that this only reforms those 25% of rentals owned by municipal companies, leaving the other 75% to the private sector, which is gobbling up central Berlin real estate on the speculative market.

Taking back control?

On a Monday morning in late January, more than 100 people gathered in an old brick warehouse in central Berlin to discuss the development of a new social housing project. Haus der Statistik is the object of plans by ZUsammenKUNFT Berlin, an alliance of local artists, architects, and social and cultural associations.

The group has been working together since 2016 to take control of the austere former DDR statistics headquarters at Alexanderplatz and turn it into social housing, artist workspaces, and public education spaces. The project gives some hope for social housing in a time when many city residents see only anxiety and gentrification.

The motto of ZUsammenKUNFT cuts straight to the heart of Berliners working to keep their city on their terms: “Through solidarity, creating a Berlin that’s sustainable and cosmopolitan.”

Haus der Statistik. Photo: DPA

When it comes to working together though, nothing happens quickly, and nothing happens without the clear buy-in of all interested parties. Unlike in private housing like Ryan’s building, where tenants can be enveloped in construction without their consent, Haus der Statistik will be a slow road to consensus.

In fact, the planning meeting in January simply initiated an agreement to spend the next eight months negotiating how space will be divided and used.

But for advocates of social housing, it is the best way towards building a stable and sustainable rental market – and one fitting to Berlin’s alternative ethos.

“The story of Berlin is bottom-up organizing. It’s a question of power, and people in the city getting mad, getting scared,” says LaFond, “It’s a city of renters and low income people, and those people are expressing their basic interests and fears.”

LaFond predicts that “projects and initiatives will continue to put pressure on the government, and the government will continue to react and work for a more social real estate and housing policy,” predicts LaFond. “Things are moving. It’s really dynamic. And it is largely a question of power.”

READ ALSO: 'Bureaucracy makes you feel like a lowly beggar': surviving on the streets of Berlin

For members

PROPERTY

10 essential tips for avoiding rental scams in Germany

Rental scams are on the rise in Germany, and fraudsters are becoming more sophisticated than you may think. We spoke to a couple who were scammed in Berlin to put together tips to stay safe while house hunting.

10 essential tips for avoiding rental scams in Germany

When it comes to settling in Germany, one of the most stressful and difficult tasks you’re likely to face is finding a place to live.

With the country in the grip of an ever-worsening housing shortage, there aren’t enough rental properties to meet the high demand – especially in big cities like Berlin, Munich and Frankfurt – and the flats that are available can often stretch even the most healthy of budgets. 

With renters desperate to find affordable homes, crafty scammers have seized the chance to place fake ads on the market, often in dream locations with lower-than-average rents. 

While some of these scams may be easy to spot, others can be highly sophisticated, with fraudsters setting up professional-looking websites and even allowing hopeful tenants to view their properties in person.

Recently The Local reported on a Polish couple who lost around €7,000 through a rental scam in Berlin. The scammers had sublet a beautiful Altbau apartment in the popular district of Neukölln and created an advert for it via a fake letting agent website, then arranged for people to use a key box to view the property while the real tenants were away. 

READ ALSO: How sophisticated scammers are targeting desperate Berlin tenants

Despite checking the contract over with legal experts from their local tenants’ association, nobody saw anything out of the ordinary – that is, until they tried to access the apartment and found a family already living there.

So, how do you protect your hard-earned savings and steer clear of scammers while looking for a new home?

Here are 10 important ways to protect yourself from rental scams. 

1. Be alert to suspicious signs 

The key to avoiding scammers in Germany is to be fully clued up on the warning signs. Was the listing for the property uploaded in the middle of the night, is the advert thin on details or written in bad German or English, and does the offer feel too good to be true?

Though it would be nice to believe there are still cheap flats to be found, finding an attractive property at an overly reasonable price is usually a red flag. 

Hamburg

Modern apartments in Hamburg. Photo: picture alliance/dpa | Daniel Bockwoldt

If someone claiming to be a landlord contacts you out of the blue, that’s also your cue to run a mile. With so many people looking for housing, most letting agents and landlords will have more than people looking to rent their properties without needing to get in touch with people themselves. Anyone who does is more than likely to be a scammer.

2. Rule out landlords who say they live abroad

One of the major warning signs to look out for is a landlord who claims to be renting the property from abroad, or who says they are out of the country for other reasons, like a last-minute business trip.

That’s usually a scammer’s way of excusing the fact that they won’t be able to meet you personally or even show you the property before you rent it.

“When the country the landlord lives in appears then I would say there’s a really big chance this is a scam,” said Kuba Rudzinski, one of the victims of the Berlin-Neukölln rental fraud.

Even if the excuse seems plausible, your best bet is to ignore anyone who tries to sell you a story about living abroad and simply move on with your house hunt.

READ ALSO: Why Germany’s housing crisis is expected to drag on

3. Do your research online

Before committing to anything, take time to do some thorough research to scope out the property, landlord and letting agent. 

Running the pictures and text used in apartment listings through a search engine like Google will help you quickly identify stock photos and text stolen from other listings. For pictures, this is known as a reverse image search. 

A laptop

Photo by 2H Media on Unsplash

It’s also worth checking that any websites you’re sent to are fully functional and not copies of other letting agent sites, and that any email addresses match the website domain. 

READ ALSO: How much deposit do I have to pay when renting in Germany?

4. Visit the property and ask around 

Never agree to rent a property without seeing it in person first. Arrange a viewing and take the opportunity to ask questions about the property and the neighbourhood. 

Kuba also recommends speaking with the neighbours in the building to check if the property is genuinely being rented. 

“Go to the place before and ask the neighbours, is this flat really for rent? Because these people generally know,” he said. “You’ll need to convince yourself to do it of course, but just ask in the building, ask on the floor where the flat is.”

5. Don’t transfer the full deposit in advance

Advance payments for anything, whether it’s furniture, a deposit or getting a chance to view the property, should be considered a major red flag.

Under German law, you are usually only expected to pay the deposit by the start of the agreed rental contract – and certainly not several months in advance.

Euro notes lie next to some house keys on a table.

Euro notes lie next to some house keys on a table. Photo: picture alliance/dpa/dpa-tmn | Andrea Warnecke

You are also legally entitled to pay your three months’ deposit in three instalments on top of your first three months’ rent after moving in, so definitely be cautious of landlords that place pressure on you to transfer a large lump sum.

If you’re really concerned, look into alternatives for paying your deposit, such as Kautionversicherung (deposit insurance) or a Mietkautionssparbuch, where you open a bank account and pledge the amount to the landlord, rather than transferring the money directly. 

6. Insist on meeting the landlord or letting agent in person

If a landlord or letting agent refuses to meet you in person or insists on conducting all communication online, they’re probably not who they say they are. 

Insist on meeting face-to-face to verify their identity and ensure they have a legitimate connection to the property.

7. Avoid sending documents straight away 

Not all rental scams are about getting money from you directly: many scammers are simply after your personal details for the purposes of identity theft.

Be wary of providing personal documents or sensitive information before you’ve verified the legitimacy of the rental agreement, especially when it comes to things like passport scans or other forms of ID. 

READ ALSO: Five common rental scams in Germany and how to avoid them

8. Seek legal advice from experts

If you’re unsure about any aspect of the rental agreement or if something seems suspicious, seek advice from legal experts or tenants’ associations. 

However, be aware that this isn’t always a cast-iron guarantee that a tenancy is legitmate. Over the past few years, fraudsters have become increasingly sophisticated, even down to producing water-tight rental contracts for would-be tenants. 

An estate agent hands over keys to an apartment. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

According to civil lawyer Emilia Tintelnot, becoming a member of a tenants’ association can be a good way to get affordable legal advice, and it can also be helpful to set up legal insurance to ensure you can access help when you need it without having to pay lawyers’ fees up front.

9. Be wary of stereotypes 

Avoid making assumptions based on stereotypes or preconceived notions about someone’s gender or nationality, as this may cause you to overlook things you might otherwise see as warning signs.

In Kuba’s case, the fact that the fraudsters were German made them appear more legitimate in his eyes, as Polish people tend to see Germans as law-abiding and trustworthy. 

Be aware that scammers can come from any cultural background and may use a variety of tactics to deceive unsuspecting renters.

10. Keep an extensive paper trail 

Document all communication, agreements, and transactions related to the rental process, including phone numbers and any bank details provided.

According to the Berlin police, this type of evidence can be crucial for an investigation if you do suspect a scammer.

While evidence can differ across cases, “pictures, contact details used by the perpetrators, original documents, bank details with payment receipts” are particularly helpful for investigators, and could help the police stop the scammers for good. 

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