Short-term subletting
Do you sublet your rented home short-term?
Short-term subletting of one's own rented apartment — for instance via Airbnb during brief absences — is legally particularly sensitive. Three regulations apply simultaneously.
First: the BGH ruling VIII ZR 228/23 applies here in full force. Any surcharge above one's own base rent can be classified as profit-taking, with risk to the main tenancy.
Second: the Berlin Misuse-of-Living-Space Prohibition with its 90-night cap also applies to primary tenants who sublet. Third: the platform data automatically transmitted to the borough authority from May 2026 makes violations substantially more visible than before. The primary landlord's consent remains additionally required.
The detailed analysis for this constellation is in preparation — it organises the three regulations according to number of nights, rent surcharge, and your landlord's consent posture.
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