From May 20, 2026, Berlin borough authorities receive monthly booking data directly from Airbnb, Booking, and other platforms. But short-term hosts are not the only ones affected — fixed-term contracts, furnished rentals, and shared-living arrangements all fall under new 2026 rules too. MietSense organises the applicable legal landscape in structured form — clearly, with sources, in 5 minutes.
Structured information serviceSources from public legal groundsNot legal advice
Anyone who lets a flat short-term, sublets, passes on furnished rentals, or operates a shared-living arrangement is operating in a markedly tighter legal framework this year. Three concrete changes are particularly relevant.
Since May 20, 2026, platforms like Airbnb and Booking transmit monthly booking data — address, nights booked, registration number — directly to the responsible borough authorities. What used to be hard to track is now checked automatically.
Source: Regulation (EU) 2024/1028, Art. 7
In January 2026, the Federal Court of Justice ruled: a primary tenant who sublets and earns a profit above their own base rent risks termination without notice — even when the landlord generally consented to the subletting.
Source: BGH, ruling of 24.01.2026, VIII ZR 228/23
The Berlin ZwVbG limits short-term rental of primary residences to 90 nights per calendar year. Exceeding this can lead to fines up to €500,000. In addition, since 2026 a 5 % cap on furniture surcharges and tightened requirements on fixed-term tenancies apply.
Sources: §2 ZwVbG Berlin · BGB amendments 2026
The 2026 rules affect different landlords differently. MietSense organises the regulations relevant to you, structured by your situation.
You let your apartment or your property — short-, mid-, or long-term, in whole or by room. You want to know which of the 2026 regulations apply to your constellation and which steps are typically relevant. Rent control, furniture-surcharge cap, fixed-term clauses, shared-living arrangements, and short-term rental — we organise the field for you.
What MietSense analyses for you →You rent your home and pass it on temporarily — for instance during a stay abroad or a sabbatical. The BGH ruling of January 2026 substantially changes the framework. You want to understand at what rent the sublet counts as profit-taking and what consents your landlord must give.
What MietSense analyses for you →You let one or more rental properties that aren't your own primary residence, and face the 2026 changes to rent control, furniture surcharges, and fixed-term tenancies. You want a clear per-property overview of the applicable legal landscape — whether for long-term, mid-term, or shared-living rentals.
What MietSense analyses for you →A structured information service in three stages. Each stage builds on the previous, without obligating you to the next.
Four questions about your situation. In under two minutes, you receive an initial overview of the regulations relevant to you in 2026, with concrete pointers to the underlying public sources.
A scenario-specific form leads to a detailed report: every regulation applicable to your situation, with citations, rent-index values, and pointers to the responsible borough authorities. PDF for download and by email.
If you need a personal legal assessment of your specific situation, we arrange a 20-minute consultation with a lawyer from our partner firm specialised in Berlin tenancy law. Appointments typically within 48 hours.
MietSense provides structured information from public legal sources. Legal advice in individual cases is provided exclusively by our partner law firm.
Every statement in our reports points to its underlying legal basis — paragraphs, BGH case numbers, borough notices, rent indices. You can verify every piece of information independently.
Our rule set is continuously adapted to new rulings, regulations, and borough policies. Quarterly, our partner law firm reviews the state of the analytical logic.
MietSense is an information service, not legal advice. Where a concrete legal assessment is needed, we transparently refer you to a licensed lawyer.
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The lawyer consultation is a service of our partner law firm and is subject to its fee schedule. MietSense acts here exclusively as an intermediary.
Once a month we summarise the relevant developments for Berlin landlords — new BGH rulings, borough regulations, rent-index changes. Structured, with sources, no marketing.
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No. MietSense is a structured information service. We systematically analyse public legal sources — laws, BGH rulings, borough notices, rent indices — by your situation. A legal assessment of your specific individual case is the role of a lawyer. On request, we arrange an appointment with our partner law firm.
MietSense serves owners, landlords, and tenants who rent or sublet their apartment in Berlin — short-term (Airbnb-style), mid-term (fixed-term contracts up to 12 months), or long-term (unbefristet). Shared-living arrangements in one's own property and subletting as a primary tenant are also covered. The Quick Check shows you which constellation applies to your situation.
Our rule set is continuously adapted to changes — new rulings, regulatory updates, refreshed rent indices. Quarterly, our partner law firm reviews the state of the analytical logic. Every output includes the date of the underlying legal sources.
We collect only the data actually needed to analyse your situation — no names, addresses, or contractual parties. Data is encrypted at rest, automatically deleted after 12 months, and not shared with third parties. Details in our privacy policy.
MietSense currently specialises in Berlin. Munich, Hamburg, and Frankfurt follow in the coming months. You can register interest for an expansion to your city.
The 20-minute initial consultation through our partner firm costs €89. Representation beyond this — for example in an active fine proceeding — is agreed directly with the firm under its fee schedule.
A specialised solution for property management firms with larger portfolios is in preparation. If you're interested as a manager, write to verwaltung@mietsense.de — we'll add you to the early-access list.