Can I rent out my house without permission?
May 25, 2022 | 50,00 EUR | answered by Gerda Dietrich
Dear lawyer,
My name is Zofia Hausdorf and I am facing a dilemma where I urgently need your help. I own a house that I would like to rent out to generate additional income. However, I am unsure if I am allowed to rent out my house without permission.
The situation is as follows: I have owned the house for several years and have been living in it myself. Due to a change in my job, I am now forced to move to another city and would like to rent out the house. I have already found potential tenants who are interested in the house.
The current situation is that I have not obtained permission to rent out the house yet. I am unsure if this is legally required and what consequences I could face if I rent out the house without permission. I am worried that I may encounter legal problems or even be fined heavily.
My question to you is: Am I allowed to rent out my house without permission and what steps should I take to legally secure my rental? Are there any exceptions or special regulations that could apply in my case? I want to make sure that I handle everything correctly and legally to avoid any legal consequences.
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Zofia Hausdorf
Dear Mrs. Hausdorf,
Thank you for your inquiry and your trust in my expert advice. The topic of renting out your own house does indeed raise many legal questions that need to be clarified in order to avoid potential problems and consequences.
In Germany, it is generally allowed to rent out your own house. However, there are some legal aspects to consider in order to legally secure the rental. In your case, where you have previously lived in the house and now wish to rent it out, certain regulations apply.
First and foremost, it is important to know that you generally do not need permission to rent out your house if you have lived in it yourself. This is considered as own use according to § 549 of the Civil Code. So if you need to move for professional reasons and now want to rent out the house to generate additional income, this is usually possible without any issues.
However, there are some restrictions and regulations that you should consider. For example, you must ensure that the rent is reasonable and does not exceed the local rental index. Additionally, you should enter into a legally valid rental agreement with the potential tenants, which regulates all important points such as rental duration, rent, additional costs, deposit, and notice periods.
It is also advisable to familiarize yourself with the tax aspects of renting out, as rental income is taxable and you may need to pay income tax. In this case, it may be helpful to seek advice from a tax advisor.
Overall, it is important that you do thorough research and take all necessary steps to legally secure your rental. If you are unsure or have further questions, I recommend consulting a lawyer specializing in rental law who can provide comprehensive advice.
I hope that this information has been helpful to you, and I am at your disposal if you have any further questions.
Best regards,
Gerda Dietrich
