Shared living in primary residence
Do you let rooms in your own occupied apartment?
Shared-living letting in one's own apartment — you live in the apartment yourself and rent out individual rooms — falls under a central exemption that substantially simplifies the legal landscape.
§ 549 (2) (2) BGB excludes furnished letting within the landlord's own occupied apartment largely from standard residential-tenancy law — with substantial consequences for eviction protection, rent control, and fixed-term rules.
But the prerequisites must actually apply: you must occupy the apartment yourself, and the letting must be at least partly furnished. If these prerequisites change — for instance because you move out and convert the apartment to a pure shared-living arrangement — the legal classification flips.
The detailed analysis for this constellation — prerequisites of § 549 (2) (2), consequences for termination and rent, notes on changes of constellation — is in preparation.
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