{"id":5518,"date":"2026-05-01T11:01:43","date_gmt":"2026-05-01T11:01:43","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=5518"},"modified":"2026-05-27T18:39:14","modified_gmt":"2026-05-27T18:39:14","slug":"mietrecht-die-kurzzeitige-vermietung-von-wohnraum-an-touristen-in-koeln","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/tenancy-law-short-term-rental-of-residential-property-to-tourists-in-cologne\/","title":{"rendered":"Tenancy Law: Short-term rental of residential property to tourists in Cologne"},"content":{"rendered":"

Are you thinking about renting out your flat to tourists via Airbnb or Booking.com \u2013 or are you already doing it? Then this article is for you. Because Cologne has had strict rules in place for several years now, which many landlords are unaware of. <\/span>Anyone who rents without permission risks a fine of up to \u20ac50,000.<\/b> \u2013 per dwelling.<\/span><\/p>\n

This article is for general information purposes only and does not constitute individual legal advice. Every situation is different. If you are unsure whether your rental property is covered by the Housing Protection Ordinance, or if you have already received an official enquiry, please consult a solicitor specialising in tenancy law.<\/span><\/i><\/p>\n

<\/span>The situation in Cologne: Why the legislature took action<\/b><\/span><\/h2>\n

\"Infographic:<\/p>\n

Cologne is growing. But the housing market isn\u2019t keeping pace. For years, the number of new homes completed has been well below actual demand \u2013 a structural problem that is reflected in rising rents and long waiting lists for affordable housing.<\/span><\/p>\n

At the same time, a lucrative business model has taken hold: flats are no longer let on a long-term basis, but exclusively for short stays \u2013 two days for trade fair visitors, a week for city breakers. Platforms such as Airbnb, Booking.com and Fewo-direkt have significantly expanded this market in many parts of Cologne, particularly in the city centre, the S\u00fcdstadt and Deutz.<\/span><\/p>\n

The result is that housing that would otherwise be needed on a long-term basis for tenant households is no longer available on the open market. It is estimated that around <\/span>7,000 rental properties<\/b> are regularly let to tourists and business travellers in Cologne \u2013 although the actual figure is probably higher.<\/span><\/p>\n

The legislature \u2013 initially at local authority level, and later at regional level as well \u2013 has responded to this. The result is a multi-tiered framework of regulations comprising regional legislation and local authority by-laws, which imposes specific obligations on landlords.<\/span><\/p>\n

<\/span>The legal basis: the North Rhine-Westphalia Housing Act (WohnStG NRW) and the Housing Protection By-law<\/b><\/span><\/h2>\n

\"Schematic<\/p>\n

\u00a0<\/b><\/p>\n

The legal framework for protecting housing from being used for purposes other than residential use in Cologne operates on two levels. At state level, the following has been in force since 1 July 2021: <\/span>Act to Strengthen the Housing Sector in North Rhine-Westphalia<\/b> (Housing Strengthening Act \u2013 WohnStG NRW). It replaced the previous Housing Supervision Act of North Rhine-Westphalia and introduced additional measures to effectively prevent the misuse of housing.<\/span><\/p>\n

At local level, the City of Cologne has, on this basis, <\/span>Statutes on the Protection and Preservation of Housing<\/b> (Housing Protection Ordinance) was adopted on 30 June 2021 and also came into force on 1 July 2021. In its current version, this ordinance remains in force until <\/span>30 June 2026<\/b> valid.<\/span><\/p>\n

Together, these two sets of regulations define what constitutes misuse, what obligations landlords have, and what penalties apply in the event of breaches. <\/span>Note: At the time of publication, no final decision had yet been made as to whether the by-laws would be extended, revised or replaced by a new version after 30 June 2026. Landlords should keep an eye on announcements from the City of Cologne.<\/span><\/i><\/p>\n

Tenancy law \u2013 An overview of our services<\/a><\/b> \u00a0<\/span><\/i><\/p>\n

<\/span>What is the misuse of residential property? The legal definition<\/b><\/span><\/h2>\n

Misuse means that residential property is used for purposes other than residential ones. That sounds simple, but it is broader in scope than many people realise.<\/span><\/p>\n

Under Section 7 of the Housing Protection Ordinance, read in conjunction with Section 12(2) of the Housing Act of North Rhine-Westphalia, a property is deemed to be used for a purpose other than that for which it was intended, in particular where:<\/span><\/p>\n