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The rental of an apartment without permission to use the apartment as an apartment via Airbnb, here for violation of the Hessian Housing Supervision Act, justifies a fine of i.H.v. € 6,000.00 according to the OLG Frankfurt.
In four cases, the person concerned had rented out her apartment in Frankfurt am Main to holidaymakers for several days at a price of € 125.00 to € 150.00 per night. It did not have the necessary permits. The city of Frankfurt am Main had rejected her previous applications for a permit for the use of housing as a holiday apartment.
By judgment of 30/11/2018, the District Court of Frankfurt am Main ordered the person concerned to pay fines totalling € 6,000.00. By renting the apartment, the person concerned had infringed the holiday accommodation statutes issued by the City of Frankfurt am Main on the basis of the Hessian Housing Supervision Act.
According to these statutes, fines of up to € 25,000.00 can be imposed. In determining the amount of the fines, account must be taken, inter alia, of the fact that the fines exceed the rental income obtained by unlawful letting.
The OLG dismissed as unfounded the appeal brought against the court ruling. The contested decision does not err in law to the detriment of the persons concerned.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
