Distinguishing excessive rent from rent usury
High rent alone does not determine an offence. Section 5 WiStG requires assessment of comparable rent and, particularly, exploitation of limited supply. Criminal usury under section 291 StGB has different requirements.
I examine rent calculations, property characteristics, the contract and actual circumstances of agreement, separating defence against a fine from possible civil repayment claims.
File access, submissions and objections
Before a substantive statement, I review the allegation and file. Whether and how to respond depends on the evidence and defence objective.
A fine notice may require an objection in the prescribed form and time. Court proceedings after objection generally belong to the local court. Grouping this with authority matters does not make it administrative court litigation.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Provide the hearing letter or fine notice with proof of service, lease, rent increases, property details, previous submissions and the authority’s calculation. Mention existing civil proceedings too.
Frequently asked questions
Should I immediately give a detailed explanation?
A hasty statement may hinder defence. First clarify the procedural stage, deadlines and file contents. A decision on responding follows that assessment.