The temporary letting of living space is an issue that is particularly relevant in large cities such as Berlin, where living space is scarce and demand is high. Whether it’s for a short-term work placement, while studying or for a temporary stay for other personal reasons – temporary letting offers flexibility to both landlords and tenants. But can anyone really rent out their flat in Berlin on a temporary basis? In this article, we look at the legal framework and important considerations that you should bear in mind as a landlord.
Legal basis
The fixed-term letting of flats in Germany is regulated by the German Civil Code (BGB). According to Section 575 of the BGB, a fixed-term tenancy agreement is only permitted if the landlord is entitled to terminate the tenancy after the expiry of the rental period:
- wishes to use the premises as accommodation for himself, his family members or members of his household,
- wants to alter or repair the rooms in such a way that the measures would be made considerably more difficult by a continuation of the tenancy,
- must allow others to use the rooms in order to fulfil a legal or official obligation.
The reason for the time limit must be communicated in writing when the contract is concluded. If this notification is missing or the reason given is not valid, the contract is deemed to have been concluded for an indefinite period.
Requirements and restrictions
Not everyone can simply rent out their flat for a limited period. In Berlin in particular, there are additional regulations due to the housing shortage and strong tenant protection:
- Prohibition of misappropriation: In Berlin, the misappropriation of residential space, including holiday lets or letting to tourists, is prohibited without a corresponding permit. This is generally not required for the temporary letting of residential space for residential purposes, unless the flat is offered via platforms such as Airbnb
- Registration and licences: In certain districts, it may be necessary to obtain a permit for temporary letting or at least notify the district office of the intention to let.
Tips for landlords
- Drafting the contract: Make sure that all the necessary information is included in the tenancy agreement and that the time limit is clearly justified. A standardised tenancy agreement is often not sufficient.
- Communication with tenants: Clear communication about the duration of the tenancy and the conditions can avoid many problems from the outset.
- Consideration of tenant protection: Even with fixed-term tenancies, tenants have rights that must be observed. Inform yourself thoroughly in advance to avoid legal disputes.
Conclusion
Letting a flat in Berlin for a limited period is an option that is practicable under certain circumstances, but requires careful planning and knowledge of the legal conditions. Not every owner can or is allowed to let their property on a temporary basis. It is therefore advisable to obtain detailed information in advance and, if necessary, seek legal advice to ensure that all requirements are met and that the letting goes smoothly.
