Mieterschutz im Wohnraummietrecht – Historisch- Vergleichendes zur Entwicklung in Deutschland und Österreich (Tenant Protection in Residential Tenancy Law - Historical-Comparative Development in Germany and Austria)

Abstract

This paper is the starting point of a larger project. It examines the developments of tenant protection in Germany and Austria from the 19th century until today in a historical and comparative perspective. The most important aspects are analysed against the background of relevant historical challenges, e.g. of the late 19th and early 20th century or after the Second World War. The differences in current law are very important and in some aspects striking. One surprising finding is that neither the markets nor the approaches to strict regulation have led to what might have been expected of them at the outset: Markets, surprisingly, have not succeeded in providing enough housing, even over very long periods of time, in either Germany or Austria; at the same time, they have not succeeded in providing adequate quality housing, free of health risks for tenants, in the late 19th and early 20th centuries. On the other hand, and perhaps less surprisingly, market regulation and policy intervention also failed to deliver what was expected of them: Significant price spikes could rarely be kept under control through regulation over those periods when demand exceeded available supply. A number of preliminary conclusions can be drawn as a basis for further research.

Note: Downloadable document is in German language.

Keywords: tenancy law, rental markets, housing, rental housing markets, cities, rent control, long-term contracts