Relevant for you
Do you rent your home and pass it on?
Subletting is more tightly regulated in 2026 than just a few years ago. The BGH ruling VIII ZR 228/23 of January 2026 reset the legal framework for profit-generating subletting — and that framework differs substantially between long-term and short-term subletting.
Two constellations are most common in practice: long-term subletting (often during a stay abroad or sabbatical) and short-term subletting via Airbnb. Both fall under the BGH ruling on profit-taking, but consent duties, the misuse-of-living-space prohibition, and tax consequences apply differently.
MietSense organises both constellations in structured form: which thresholds the BGH ruling names for Berlin, how a consent request is typically framed, and which notification duties toward the borough authority may apply.
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.
Long-term subletting
You rent your home and sublet the apartment or a room long-term — for example during a multi-month stay abroad or a sabbatical.
Read more →Short-term subletting
You rent your home and sublet it short-term — for example via Airbnb during brief absences. The BGH ruling VIII ZR 228/23 is central here.
Read more →
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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