In the summer, business will be on apartment and house rental sites such as Airbnb flourish. The European Football Championship between June 14th and July 14th invites fans from across the continent to Germany. But where are they all supposed to sleep? Some people want to help and at the same time make some money by making their own four walls available for subletting. But: Is it that easy?
Advantage condominium
Owners have a clear advantage in this regard. The legal hurdles are significantly lower here. Unless there are certain clauses in the house rules that strictly prohibit renting. Anyone who is a tenant must get the OK from the landlord. In the worst case scenario, there could be a risk of termination. There are also a few legal hurdles that need to be taken into account. Your own living space can be “misused” for up to 90 days. Students are even allowed to do this for 180 days a year. For everything above these values, there are regulations that depend on the respective municipality. In some cities it gets a little more complicated.
Living space ID for certain cities – including European Championship venues
A living space ID is required here. This has us Lawyer Arndt Kempgens communicated. “The cities of Aachen, Bonn, Dortmund, Düsseldorf, Cologne and Münster are currently affected. The living space ID is required before you rent something.” Important in this context: Dortmund, Düsseldorf and Cologne are the European Championship venues.
However, the ID can be applied for quite easily online at the NRW state government’s construction portal. You can find the corresponding link here. The background to this is that living space is already scarce in these cities and it can be determined for how long which living space is not rented out permanently, but to tourists, for example.
Tax rental income?
Now some people are probably wondering whether it is necessary to tax the rental income. The limit is 520 euros. “That’s not an allowance above which you have to pay something. It’s like this: If I only rent very slightly and for less than 520 euros, it’s tax-free. If I earn over 520 euros a year from it, everything is taxable,” says lawyer Kempgens . It is therefore advisable to declare the rental income in the upcoming tax return.
Lawyer Arndt Kempgens from Gelsenkirchen© RA Kempgens
Lawyer Arndt Kempgens from Gelsenkirchen
© RA Kempgens
Who is responsible for damages?
Of course, anyone who rents out their apartment via Airbnb during football season has no guarantee that everything will remain intact. But what actually happens if damage actually occurs in the apartment? “If subtenants damage something, they generally have to pay for it. As a landlord, it’s worth taking photos of the individual rooms beforehand so that you can prove who broke something,” advises Kempgens. If there is noise pollution because the fans are throwing a party, there could certainly be problems with neighbors after the rental. The lawyer says: “If you sublet the apartment, you should make things clear such that there will be silence at night after a certain time.”
Since the night quiet (10 p.m. to 6 a.m.) in the approximately 30 days during the European Football Championship is probably not only in the four venues could be underminedit’s worth taking a look at the rules in your own municipality or city.
Authors: Joachim Schultheis & Nina Tenhaef
2024-04-09 08:07:42
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