Am I allowed to rent out my flat on Airbnb?
With a permit and registration — depending on the city. There is no federal law; what matters is your city's misuse-of-housing ban, meant to stop homes becoming permanent holiday lets. Berlin requires a registration number in the listing (penalties up to €250,000). Munich and Hamburg allow renting the whole flat without a permit only up to 8 weeks per year; beyond that a permit is needed. Breaches cost up to €500,000 depending on the city. Platforms must report rental data.
📋 The rules
- No nationwide law — the city's misuse-of-housing ban applies
- Many cities: renting the whole flat without a permit only limited (e.g. 8 weeks/year)
- Often a registration/housing-protection number is required and must appear in the listing
- Permanent holiday letting of homes is usually permit-required
- Tenants need the landlord's consent to sublet
- Income is taxable; an overnight/bed tax may apply
🔓 Exceptions
- Short-term letting up to the city limit (e.g. 8 weeks/year) without a permit
- Letting single rooms of the flat you live in is often regulated more generously
- Places with no misuse-of-housing ban: the strict city rules don't apply there
⚠️ Penalties & fines
Fines are high and city-specific: Berlin up to €250,000, Munich up to €50,000, Hamburg and Bavaria (scarce housing) up to €500,000. Listing without a registration number or letting beyond the allowed weeks risks these fines. Platforms must transmit data on arranged stays, so breaches come to light.
📎 Official sources
- Haufe · misuse-of-housing bans by state →
- Anwalt.org · misuse-of-housing law →
- Mietrecht.com · misuse-of-housing ban →
❓ Frequently asked
Can I rent out my Berlin flat on Airbnb?
Yes, but you need a registration number to state in the listing and must follow the misuse-of-housing rules. Listing without one or letting permanently without permission risks penalties up to €250,000.
How long can I let without a permit?
In Munich and Hamburg the whole flat up to eight weeks per calendar year without a permit. Beyond that you need a permit — otherwise it counts as misuse of housing and is fined.
What does illegal Airbnb letting cost?
A lot, by city: Berlin up to €250,000, Munich up to €50,000, Hamburg and Bavaria up to €500,000. Back-taxes are added if income wasn't declared.
Can I sublet as a tenant?
Only with your landlord's consent. Without it, subletting — especially short-term to tourists — is not allowed and can lead to termination.
Do I have to tax the income?
Yes. Income from short-term letting is taxable. Many cities add an overnight or bed tax that you must pay.
🔎 Common searches
What people search to land here:
- “rent flat on airbnb allowed germany”
- “misuse of housing ban berlin munich”
- “airbnb registration number required”
- “airbnb 8 week rule”
- “fine illegal holiday flat”
- “tenant sublet airbnb”