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Responsibilities of landlords

We have put together this page to help guide you through the hosting responsibilities that may be applicable, should you wish to host your property in Germany.
Please note that this page does not constitute legal advice, so we always recommend that you do your own research and check for any updates that may be applicable, to make sure the laws have not recently changed.
The rental of holiday apartments or houses is subject to different regulations and laws, which must be observed. These include, among other things, building and noise protection laws, regulations on property and tenancy law, misappropriation statutes or tax and commercial regulations. These can be valid for the whole of Germany or vary by federal state or municipality.
Take care to adhere to the applicable rules, because a failure to do so could result in heavy fines.

Legal situation regarding the misappropriation of living space in Germany

When living space in Germany is used for purpose other than permanent habitation, this is called misuse (Zweckentfremdung). Misuse of housing includes renting out your primary or secondary home as a vacation rental on a daily or weekly basis.
Almost all federal states have enacted or are currently considering legislation to prohibit the misuse of housing or to protect housing. Based on those federal laws, cities and municipalities with a tight housing market can in turn enact their own ordinances or statutes to regulate the misuse. This means that the legal situation can differ between federal states and between municipalities and may change at any time.
Permit
You can find out from the local competent authority whether you need a permit to rent out your primary and/or secondary residences as a holiday home. A permit for the non-intended use of living space can be granted upon for a limited period of time, unconditionally or conditionally and compensation may be required.
Registration number
Hosts are also typically required to notify the local competent administration to obtain a registration number. The registration number will have to be clearly displayed at all times in any listing or advertising.
Maximum rental period
In addition, vacation rentals may be limited to a maximum rental period per year.
Guest registration
You are required by German law to collect and retain information about guests who inhabit your property for 3 months or less. This can be done by creating reports yourself or through buying reporting certificates online. If you decide to retain guest data in your own guest register, you will need to comply with all applicable data protection laws including the GDRP (General Data Protection Regulation).
Cities regulations
You can usually find detailed information regarding municipal regulations and required applications on the cities’ websites, including those available here: