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Renting your apartment short-term to tourists: what tenants are allowed to do

Renting your own rental apartment to tourists by the day (e.g. via platforms) is delicate: unlike with normal subletting, you generally need the landlord's permission for this. Without it, you risk a warning and termination; in many cities bans on the misuse of housing are added.

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Your chances of getting your money back

Short-term letting to changing guests is usually not covered by a general subletting permission. Without the landlord's express consent you risk a warning and termination.
Many cities have misuse-of-housing statutes: touristic letting of living space is subject to approval there; otherwise substantial fines threaten.

What you should do now

  1. 1

    1. Obtain permission

    Ask the landlord expressly and in writing whether short-term letting to guests is allowed. A permission for permanent subletting is not enough.

  2. 2

    2. Check local rules

    Check whether a ban on the misuse of housing applies in your city and whether a permit is needed.

  3. 3

    3. Observe tax and registration

    Income is relevant for tax; depending on the city, accommodation or city-tax obligations are added.

  4. 4

    4. Weigh the risks

    Without permission you risk losing the apartment. If in doubt, refrain or get clear assurances in advance.

How to spot the scam

  • You rely on a general subletting permission for the tourist letting.
  • Neighbors complain about constantly changing guests.
  • The city sends out hearings because of misuse of housing.

Frequently asked questions

May I rent out my rental apartment via Airbnb?

Only with the landlord's express permission. Short-term letting to changing tourists is regularly not covered by a normal subletting permission. Without consent you risk a warning and termination.

What is a misuse of housing?

Many cities prohibit using living space permanently for tourism or otherwise contrary to its purpose. Touristic letting is subject to approval there; violations can be punished with high fines.

What do I risk without permission?

Under tenancy law a warning and, in the case of a continued violation, termination of the apartment. Under public law, fines for misuse of housing threaten. So definitely get the consent in writing in advance.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.