In recent years, online platforms such as Airbnb, FeWo-direkt, and Booking.com have become increasingly important. For many travelers, they have become indispensable when booking vacations or business trips. Renting a vacation home through such platforms is not only often the more cost-effective option, but also offers more privacy, space, and flexibility.
But short-term rentals also offer numerous advantages for owners:
- Better control over the condition of the property
- Higher rental income through flexible pricing
- Lower risk of rent defaults, as guests usually pay in advance
The legal downside: renting out your property can be a trap
However, many apartment owners are unaware that short-term rentals via online platforms can entail a number of legal difficulties in view of the increasing shortage of housing. Not only are there a number of legal restrictions, but in some building areas they may even be prohibited altogether. In addition, the use of residential space as vacation accommodation is subject to a ban on misuse in many cities—a public law instrument designed to prevent the permanent withdrawal of residential space through short-term use.
What applies in Germany?
In Germany, both building regulations and laws prohibiting misuse must be observed for this type of rental. The latter apply at state or municipal level and vary considerably, for example between Berlin, Munich, Hamburg, and Cologne.
Violations of these regulations can have serious consequences, including:
- Prohibitions of use
- Hefty fines
- Adverse administrative decisions and legal disputes
Our advice: Seek legal advice before it becomes expensive
Many owners operate short-term rentals without informing themselves about the legal framework —often assuming that it is a purely private decision. In fact, however, it is a commercial use with clear legal requirements.
Would you like to rent out your apartment as a vacation rental via an online platform such as Airbnb and are unsure about the legal requirements? Do you already rent out an apartment as vacation accommodation and would like to have it checked to see if there are any legal restrictions in order to avoid fines and other consequences? Have you already received a negative decision?
Then you should act in good time before fines and other consequences follow.
We can help you!
Our experts will review your situation individually, assist you with the approval process, and represent you in disputes with authorities. This allows you to rent out your property with legal certainty —and without any unpleasant surprises.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.