The supply of furnished apartments that are rented out for a limited period of time has risen sharply in recent years. Job starters from abroad or students are looking for a furnished accommodation for several months as an uncomplicated form of living. Up to now, landlords usually received a higher rent and do not commit themselves to a tenant for a long period of time.
When is a temporary rental contract allowed?
Temporary leases are – outside of a daily or weekly rental of a holiday property – not easily possible. They are subject to strict legal regulations which are uniformly regulated throughout Germany. For reasons of tenant protection, time rental contracts are only permitted as an exception. The law therefore prescribes permissible reasons for time limits. This includes, for example, a time limit due to personal use according to § 575 BGB.
In practice, “temporary living” is also very popular. In this model, furnished living space is left to tenants for several months as fair or project apartments. Legally classified it is a letting of “living space for temporary use” according to § 549 Abs. 2 Nr. 1 BGB. A time limit should be permissible if the tenant does not establish the centre of his life in this flat.
Violation of this rule leads to an unlimited rental contract and can be expensive. Because then the rent limits of the rent brake would have to be observed! The Berlin rent cap also regulates these contracts since 23.02.2020.