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Do you rent out your own property?

Whether you rent short-term via Airbnb, let your primary residence long-term or temporarily, or operate a shared-living arrangement in your own apartment — the 2026 regulations affect each constellation differently.

Owners and landlords face a denser regulatory landscape in 2026 than just a few years ago. EU platform reporting duty, tightened misuse-of-living-space prohibition, the tenancy-law reform with its furniture-surcharge cap and refined fixed-term rules — plus the BGH ruling VIII ZR 228/23, which depending on the constellation can affect owners too.

MietSense organises these regulations according to your specific situation. Four typical constellations are listed below; they differ substantially in legal terms. Even if your situation does not exactly match one of them, the descriptions provide a first orientation.

Which constellation matches your situation?

Within this group, several typical constellations exist, each with its own legal landscape. Pick the one that most closely matches your situation.

  1. Airbnb / short-term rental

    You let your own apartment or another property short-term (typically under 30 nights) via Airbnb, Booking, or comparable platforms.

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  2. Long-term letting of primary residence

    You're letting your former primary residence long-term for the first time — often because of a job-related or personal move. The legal landscape is manageable but new ground for a first-time landlord.

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  3. Temporary letting of primary residence

    You're temporarily letting your own primary residence (typically up to 12 months) during a work assignment, sabbatical, or extended travel. Eigenbedarf under §575 (1) (1) BGB is the typical ground for fixed-term letting.

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  4. Shared living in primary residence

    You live in the apartment yourself and rent out individual rooms to flatmates. §549 (2) (2) BGB (furnished letting within one's own apartment) is the central exemption.

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Clarity in two minutes

The Quick Check shows you free of charge which 2026 regulations apply to your specific situation — across all constellations.

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