A tenant may not rent an apartment in order to sublet it to a third party. This also applies if the letting is only for a short period of time. This was recently decided by the Local Court of Frankfurt am Main (AZ: 940 OWi 862 Js 45753/22). In this case, the defendant rented a three-room apartment in Frankfurt am Main and sublet it.
He offered the three-room apartment to third parties via an internet portal for a minimum stay of 30 days. He rented out the three-room apartment in this way a total of 12 times, with the rental periods ranging from a few days to four months. However, the defendant did not have a corresponding permit to accommodate foreigners.
The Frankfurt am Main district court therefore sentenced him to a fine of 44,000 euros "for deliberately changing the use of an apartment without permission in conjunction with deliberate use of living space to accommodate foreigners". The decision is not yet final.
Source: ordentliche-gerichtsbarkeit.hessen.de/AZ: 940 OWi 862 Js 45753/22
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