Airbnb in Munich

24 posts in this topic

1 hour ago, GatorInMunich said:

What happens in the hypothetical scenario where I arrive to my AirBnb and the landlord refuses to sign the Wohnungsgeberbestätigung (or just does not physically show up and leaves the keys with an assistant who is not authorized to sign the form)?  Does that get me in trouble with the city since I likely will not be able to acquire a lease/signed form within 2-weeks?  What recourse do I have here (beyond giving the AirBnb host a scathing review)?

 

Although I don't remember having posted about AirBnB wrt the BMG if you had clicked on the headers of those 3 posts from August 2016 and read them through I think you would've found I'd discussed similar situational examples wrt ppl staying temporarily in a hostel or hotel.

 

The law specifically requires that a landlord or any agent acting on their behalf cooperate by issuing a Wohnungsgeberbestätigung. However the onus is on the person obligated to register (eg you) to go ahead and do so insofar as it is possible. In November 2015 the maximum fine for failing to register on time was increased from €100 to €1000. Don't worry though - such maximum fines are only applied in extremely rare cases.

 

Under circumstances such as you describe, assuming the person seeking to register had made a sincere effort to obtain the WGB, a city official should contact the landlord and point out to them that by refusing to fulfill their duty they may be risking a fine of up to €50.000 I imagine most landlords would then be inclined to act swiftly to avoid any such possible sanction.

 

Just be sure to do your best to CY own A and, if  needs be, let the city kick the other party's butt into shape. They're specially trained to do those kind of things. ;)

 

2B

 

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Do the "AirBnB" rules/restrictions discussed in this thread apply to properties located in towns such as Dachau, Freising, Unterschleissheim, outside the Munich city boundary?

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On 5/11/2018, 1:43:07, marka said:

Do the "AirBnB" rules/restrictions discussed in this thread apply to properties located in towns such as Dachau, Freising, Unterschleissheim, outside the Munich city boundary?

 

Exactly my question! Anyone?

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I was hoping some of you neuebairische leutz would have discovered the secret of using www.google.DE and putting words like Bayern+Zweckentfremdunsgesetz in to see what comes up by now.

 

On Freitag, 11. Mai 2018, marka said:

Do the "AirBnB" rules/restrictions discussed in this thread apply to properties located in towns such as Dachau, Freising, Unterschleissheim, outside the Munich city boundary?

 

1 hour ago, niland said:

 

Exactly my question! Anyone?

 

@marka You'd have to contact the local municipality - Gemeinde - in each of those towns and ask the Wohnamt whether or not the Zweckentfremdungsgesetz is in effect there, as it is in the power of any Gemeinde in Bayern to apply it according to their assessed requirements.

 

Here's a translation of an introductory description issued by the Bavarian Ministry of Justice about the part of the law being discussed here.

 

Quote

The Act on the Prohibition of the Misuse of Housing (Purpose Alienation Act - ZwEWG) of 10 December 2007, which was last amended by the Act of 19 June 2017, authorises municipalities with tense housing markets to determine by statute that housing may only be used for residential purposes with their permission. The municipality itself assesses whether there is indeed a housing shortage in the municipal area and whether these tensions cannot be met with other measures.


According to Art. 1 sentence 2 ZwEWG, an alienation of purpose exists in particular if more than 50 percent of the living space is used for commercial or professional purposes (e.g. as a law firm or as a practice for physiotherapy), more than a total of eight weeks is used in the calendar year for purposes of foreigners' accommodation (e.g. is rented to tourists several times at short notice via internet portals) or is vacant for more than three months.


Details, in particular whether and with what content the municipality has issued an alienation statute, are to be obtained from the municipality itself.

 

See Description dropdown> Zweckentfremdung von Wohnraum; Beantragung einer Genehmigung - BayernPortal <Applying for Permit (to allow non-standard use of dwelling)

There's more details under the other dropdowns. Ironically, although all the wording of the user interface are in English, the hidden written details are all in German.

 

Copy-pasting into www.deepL.com works pretty well, and much better than translate.googlecom, for quick translations.

 

Here's the full (updated 2017) story: ZwEWG: Gesetz über das Verbot der Zweckentfremdung von Wohnraum (Zweckentfremdungsgesetz – ZwEWG) Vom 10. Dezember 2007 (GVBl. S. 864) BayRS 2330-11-I (Art. 1–6) - Bürgerservice

 

HTH

2B

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