Rights and obligations in old age

A disabled-accessible shower, special grab rails or widening doors can make living much easier for older people. If the tenant's interests in such conversions outweigh those of the landlord (and the other tenants in the building), the landlord must agree to the conversion. The tenant must bear the costs. Subsidies for barrier-free conversions are provided by the care insurance fund and the health insurance fund. At the end of the tenancy, the tenant is obliged to restore the property to its original condition (“restoration”). The landlord can therefore also make his consent dependent on the deposit of additional security.

The law does not provide for an extraordinary right of termination in this case. Unless otherwise agreed in the tenancy agreement, the tenant is generally bound by the statutory three-month notice period. However, if the tenancy is terminated before the end of the three-month notice period, it is still possible to terminate the tenancy by mutual agreement by concluding a mutual termination agreement with the landlord.

In assisted living, the rental agreement for an age-appropriate apartment is linked to a care contract. The care contract usually includes a mandatory basic service (e.g. an emergency call and advisory services) as well as other optional services (meals, domestic help, care services), which can be used if required and must then be paid for separately. In this case, it is a so-called mixed contract that contains elements of the rental, service and purchase contract. If the basic service is not provided by the landlord himself, but by an external service provider, the resident has several contractual partners in “assisted living”.

In contrast to assisted living, retirement homes offer the provision of living space and nursing or care services from a single source - the resident therefore has only one contractual partner. On the other hand, residents of retirement homes are specially protected by the Federal Housing and Care Contract Act and the Berlin Participatory Living Act, which contain regulations on minimum construction standards and staff qualifications, among other things. These laws take precedence over general tenancy law. In contrast to residential homes for the elderly, assisted living facilities are not subject to state supervision. Nursing home legislation does not apply to assisted living.

Older tenants are no better protected against termination by the landlord than other tenants. However, a basic protection arises from the fact that the landlord can only terminate the lease if there is a legitimate interest. These grounds are specified in the law: Personal use, prevention of economic exploitation or breach of duty by the tenant.
A tenant also has the option of objecting to the termination if the termination of the tenancy would result in unjustifiable hardship. Whether such hardship exists is decided after the landlord and tenant have weighed up their interests. Advanced age and poor health can weigh in favor of the tenant, meaning that the tenancy must be continued despite the landlord's reason for termination. This is not mandatory.

A distinction must be made as to whether the construction work is repair work or modernization work. Repair work serves to repair damage and must therefore be tolerated by every tenant without restriction. Modernization work, i.e. work that serves to improve or create new living space or to save energy and water, must be accepted by the tenant if he cannot invoke reasons of hardship. Old age and infirmity are recognized by the courts as reasons for hardship in the case of modernization work.

The inclusion of adult children is unproblematic. This does not have to be approved by the landlord, but only notified to him. If other people are to be taken into the apartment to carry out care work, this is a subletting, which is generally subject to approval. However, caring for an elderly tenant is a legitimate interest in subletting, so the landlord cannot refuse permission.

The rejection of a request for a rent increase cannot be justified on the grounds of low income or inability to pay. With the exception of social housing, the landlord can demand a rent increase up to the local comparative rent under the following conditions:
 

• There is a formally effective request for a rent increase.
• The standard local comparative rent has not been exceeded.
• The rent has remained unchanged for twelve months.
• The rent cap is complied with, i.e. the rent has not been increased by more than 20 percent in three years.
   

If the tenant is unable to support themselves independently, they may be entitled to basic security benefits once they reach the age of 65. A corresponding application can be submitted to the basic security office at the local district offices. You may also be entitled to housing benefit. The district office in the district of residence is responsible for housing benefit applications.

Whether the tenant is obliged to carry out cosmetic repairs depends not only on an effective agreement in the tenancy agreement, but also on whether there is a need for renovation. If both conditions are met, there is no point in referring to old age. The renovation work must then be carried out by friends, acquaintances or a commissioned painter.

Care support centers are contact points for elderly people and people in need of care and their relatives, providing information on questions about age-appropriate home modifications, state social benefits and services and assistance offered by care and health insurance companies. An overview of the current locations and their accessibility as well as further information can be found at www.pflegestuetzpunkteberlin.de..

Source: Wibke Werner, Berlin Tenants' Association