Renting Out a Home Temporarily

Do you have a vacant living space and want to rent it out temporarily without the tenant being entitled to all the rent protection provisions? That’s possible—but you’ll need a permit from the municipality to do so.

• Please fill out the application form above
• Next, send the form to the municipality where the property is located.
• The municipality reviews the application based on the criteria set forth in the Vacant Property Act.
• The municipality makes a decision against which there is no right of appeal.
• You may or may not be granted a permit for a period of up to 5 years.
• The landlord drafts the lease agreement based on the terms of the permit.
• At the end of the period, you can apply for an extension. A special application form is available on the website of the Ministry of the Interior and Kingdom Relations.

Good to Know

An application for a permit for a home intended for sale must be accompanied by a written statement from a real estate agent regarding the sales efforts. This written statement must, at a minimum, demonstrate that the home:

1. The property was offered for sale for a continuous period of six months prior to the request for a market-rate or lower price, using the customary means of communication, and this did not result in a sale, and
2. It is not, and will not be, used in violation of the zoning plan, regulations, ordinances, or other municipal provisions.

When applying for a rental property designated for demolition or renovation, it must be demonstrated that the property:

1. During renovation, the property cannot be occupied as usual due to the extensive nature of the renovation, and
2. Within six months of the permit period, when the building is actually going to be renovated or demolished, and
3. It is not, and will not be, used in violation of the zoning plan, regulations, ordinances, or other municipal provisions.

For all categories of residential housing, an application must include a reasoned statement indicating the maximum reasonable rent in accordance with the Residential Rent Implementation Act, using the appendix titled “Maximum Rent Limits.”

Terms and Conditions

Under the Vacancy Act (Section 15), you may temporarily rent out residential space. This does not apply to all homes and buildings. It is only permitted if:

1. The home is for sale and
   • has never been inhabited, or
   • the owner lived there himself during the 12 months before the home became vacant, or
   • It was rented out for only 3 years during the 10-year period before the home became vacant.
2. The owner has a maximum of two homes listed for sale.
3. Living space in a rental property slated for demolition or renovation.
4. Living space in a building that is awaiting rezoning.

To rent out residential property on a temporary basis, you need a permit from the municipality. This permit is valid for up to 5 years. For residential properties that are scheduled for demolition or renovation, the maximum rental period is 7 years, and for non-residential properties, it is even 10 years.

The Permit

The municipality will review your application based on the criteria of the Vacant Property Act.

The Lease Agreement

You must draw up a written lease agreement with the tenant that includes the following provisions:

• The landlord's notice period is 3 months or longer
• The notice period for the tenant is 1 month or less
• The lease agreement is for a term of at least 6 months
• The agreed-upon rent
• If applicable, the rules set forth in the local housing ordinance and the zoning plan, with which the tenant must comply

You can always apply for an extension of the permit after the maximum term has expired.

Costs

The fee for processing an application or renewing a permit as referred to in Article 15 of the Vacant Property Act is € 118,25.