Airbnb and berlin's laws

Airbnb and berlin's laws

Hello everyone,

I came across an article in “Die Welt” where it said that Berlin is going after Airbnb hosts and that they can get fines up to 100,000 Euros.

http://www.welt.de/reise/article154159863/Airbnb-Anbietern-droht-Bussgeld-von-100-000-Euro.html

Any other hosts in Berlin saw it? And more important, what can we do about it?

I would really appreciate an answer from ether other hosts or from the Airbnb staff.

Thank you very much,

Dean

15 Replies 15
Marcus0
Level 10
Berlin, DE

@Dean6 you won´t get an answer from Airbnb.  If you do they will simply tell you to observe local laws. 

 

And given your question i assume you have never registered your apartment with the local council as a holiday apartment or paid the required 5% city tax.  If so,  technically you have been illegal for the past 2 years.

 

Yes, for the majority of holiday apartments in Berlin, as of the 1st of May they are required to cease short term letting.  They have just increased the fines up to 100,000 euro for people who continue to rent out short term after this date.

 

The goverment is being relentless on this issue particularily as it is an election year.

 

I see that your calendars are open after ther 1st of May and you are taking bookings.

 

Your Airbnb apartment details including incomes are available on the web for anyone to look through.

 

Even if your name is not Dean and the address you have advertised is "next door" you are still traceable and an update from the Senate allows the goverment to ask Airbnb for the Berlin host database.

 

Or, it just takes a neighbour to report you to the council when they notice the continued suitcases or late night stranger behaviours.

 

Here is a University student project site, to give you an idea of how easy it is to gather data from Airbnb.

 

http://www.airbnbvsberlin.com/

 

 

 

 

How do you register with the local council? 

https://service.berlin.de/dienstleistung/326217/

However, chance of approval is low and cost high (225 euro independent of outcome).

Thank you for your reply Max.

 

So the tax is 5% of the income? Just that.. ? 

I am also very agitated with this new law! so what is the best solution for it?! because i travel a lot and airbnb was the best way to cover my expenses, and now I am freaking out because I am not sure if I can rent my place while I am away. I have already closed my calender, but I hope there is a solution.

@Mohammad3 there is no easy solutions regardless of your registrations.   You cannot rent out whole apartments on Airbnb for terms of under 60 days.  I think many are still doing it, hoping to go under the radar but the new goverment is intent on stamping it out.  It just takes a neighbour to report your apartment.   If you get caught, Airbnb will wash their hands of you, do not expect any support. There is an legal appeal coming sometime in 2017 earliest.

@Marcus0 Thanks for your reply. That's a great pitty. But does it mean if u manage to go under the radar and don't get caught by any neighbours, as long as you go on like this, it will be ok?! I guess one can take the risk of curious neighbours!

@Marcus0 what if some one is registered (angemeldet) at another address and is using a different address for hosting on airbnb rather than the anmeldungsaddress?! is there generally a solution to over come this?!

You are looking for trouble, i know indirectly of several people already being fined between 2,000 and 11,000 euro that decided to take the opinion you mentioned.   You should seek legal advice if you wish to continue.  I can give you no further advice apart from "unlisting" your apartment on Airbnb, not just simply blocking the calendar.  You are leaving evidence of your activity by doing this.

Hi Marcus, 

 

Do you know any lawyer that has experience with AirBnb and it's legal situation in Berlin?

 

Thanks!

how does the official procedure for paying taxes work? I wanna do it for my earnings in 2019 and have no idea of the process. Is it only 5%?

Ricardo161
Level 1
Berlin, Germany

Its that allowed at least to rent 1 room?

Alessia95
Level 2
Genoa, Italy

Hi everybody!

I'm an Italian university student who is writing a thesis about Airbnb and i need some info about how Airbnb works in Berlin. i read that it's now illigal to rent an entire home but from the data that i collected i noticed that there are still plenty of listings for entire apartments and i can't understand how this is possible. Are all those listings illigal or what?
Please give me an explanation ahah

thanks a lot 

Paul-Andre0
Level 1
Berlin, Germany

Hello....

Please can anyone advise.

i used to rent out my whole apartment with airbnb..and declare for city tax until may 2016.

seen which i have done long term rentals...

 

now my apartment is vacant...i have unofficially been told.that i can now offer my whole apartment for rentals of just one month.. please has anyone else any further information abouit this?

also i have read:

home sharers can accept guests for 180 days..please does this also mean.that i could rent out my whole flat for 180 days... even when i am now registered as living at my husband´s

any info would be grately received.

many thanks

Paul