E in supreme court judgmentwhich implements the old squatter slogan “Housing space must not be a commodity”? One could get this impression, as the Federal Court of Justice announced on Wednesdaythat tenants are not allowed to sublet their apartments for a profit. Does that sound too good to be true? It is too.
Because only the landlords will benefit from the ruling. A landlord won against his tenant in the legal dispute. The former is allowed to give notice to the second because he gave his apartment to a third party – for more than twice the rent. In big cities, this sort of thing is more the rule than the exception.
Of course it is extremely welcome if such practices of sub-tenant sharks a bolt is now pushed forward. The only problem is: the subtenant has absolutely nothing to gain from it. He won’t get back the rent he overpaid. Only the tenant is thrown out. The apartment becomes available and can be reassigned at a significantly higher price thanks to the rent explosion. It’s just a matter of who gets to rip off whom. Not the tenant the subtenant. But the landlady is the new tenant.
Sure, there is rent control. Theoretically. In practice it is ineffective because very few people dare to sue their landlords. The only effective remedy against the rent madness at the moment is never to terminate old contracts, but rather to pass them on by subletting them: an act of solidarity – if things are fair.
Subletting is a black market – and it tends towards turbo capitalism
Tenants can request consent from owners to sublet, but must ask for permission. However, because landlords have little interest in it and stand in the way, most subletting takes place secretly. Tens of thousands of people still live affordably, but without a contract and without a correct registration address. They are not allowed to vote where they live. They don’t even register their children in the neighboring school.
It’s a black market – and it tends towards turbo capitalism. The boundary is not between owners and tenants, but between those who have and those who are looking. Anyone who has living space available is ripping things off.
Rent control should be standard
Control would be necessary. And possible – by legalizing the practice of subletting. This means you don’t ask for permission, you just show it. Complete. The subtenants could then easily register their place of residence with the municipality. And the registration authority could check the rental price in return. This isn’t rocket science; There are plenty of programs for this on the Internet. For housing politicians who take themselves seriously, such rent control should be standard as a political demand.
Now this control is being given to the homeowners of all people. So the verdict becomes a steep template. The result: a wave of eviction lawsuits against subletting tenants, driving tens of thousands out of affordable housing. Because living space is just a commodity. So everything is as usual? No, everything is much worse.