The prohibition of misuse, which has been in effect in Berlin since May 2014, aims to protect housing that is not available for residential purposes due to misuse. This particularly affects apartments that are either left vacant, converted into commercial space, or used as vacation rentals. In 2018, the prohibition was tightened by specifying that apartments may be left vacant for a maximum of three months, otherwise fines may be imposed.
In September 2023, a judgment was issued by the Higher Administrative Court Berlin-Brandenburg that will result in thousands of apartments in Berlin being reintroduced to the rental market. This also applies to vacation rentals that were already used as such before the prohibition of misuse came into effect. Owners of vacation rentals can now be held accountable retroactively, a matter currently under review in over 1,000 cases.
These vacation rentals, which were previously privately rented out to guests as holiday accommodations for only a few days or weeks, could now be offered again as regular rental apartments. Furthermore, apartments that have been converted into commercial space are also intended to be made available again to the residential housing market.
Although the verdict is not yet legally binding, the focus is on returning illegal vacation rentals to the regular rental market. The goal is to prevent rented apartments from being used for other purposes, such as remaining vacant or being rented out as vacation accommodations.
Berlin, 02.03.2024
