Illegal Letting Agent Fees

Summary

In Berlin, letting agents cannot charge tenants fees unless the tenant explicitly requested their services, as per the Bestellerprinzip. Charging a fee without providing a contract or receipt is likely illegal. You can report the agent to the police and contact the Berlin Tenants Association for further support and advice.

Full Conversation

Hello, I am writing in search of legal advice regarding a letting agency. My roommate was approached on Facebook by a letting agent, offering her a property. He then offered me a second room in the same house. He proceeded to charge us both a fee of * to sign the rental contract. We did not seek out his help. He did not provide us with a contract or a receipt for this signing fee. Is this illegal?
Hi ****,
It sounds like you might be dealing with an unfair practice. In Berlin, letting agents are generally not allowed to charge tenants for their services unless the tenant explicitly requested those services (Bestellerprinzip).
- Agents cannot charge a fee without a contract and a receipt.
- Charging a fee without providing a service or contract is likely illegal.
Have you or your roommate tried contacting the agent to request the contract or a refund?
We have not because we want to make sure it is illegal before proceeding as the agent is incredibly rude
Hi ****,
Based on what you've described, it seems like the letting agent's actions could indeed be illegal under Berlin's Bestellerprinzip, which states:
- Agents can't charge tenants fees unless the tenant explicitly requested their services.
- Charging a fee without a contract or receipt is likely against the law.
Would you like assistance in contacting local authorities or a lawyer to help with this situation?
Can I report him to the police?
Case Rating: *
You can report the letting agent to the police if you believe their actions are illegal. Additionally, you might want to consider contacting the Berlin Tenants' Association (Berliner Mieterverein) for further assistance and advice. They can offer support and may help you deal with this issue more effectively.
Do you need assistance with anything else?
No thank you
Case Rating: *
****, it seems like you have a strong case due to potential illegal actions by the letting agent. Reporting to the police and contacting the Berlin Tenants' Association are good steps. If you need any further assistance in the future, feel free to reach out. Best of luck!