Guest Occupancy Agreement (Germany)
A guest occupancy contract for Germany that grants permission to occupy without creating a residential tenancy or security of tenure, suitable for guests in the owner's own home or short interim stays. It sets house rules, liability and a permitted maximum length of stay.
What's included
- Guest occupancy framing to avoid security of tenure
- Permitted maximum length of stay
- House rules and conduct
- Liability allocation between owner and guest
- No-registration-of-residence provision
- Access, keys and privacy
- Termination on short notice
- Signature block
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🇩🇪 Local law notes — Germany
German law strongly protects residential tenants, so a guest occupancy must be kept genuinely temporary to avoid creating a protected tenancy under the BGB. Free or favour-based hosting can be a Gefälligkeitsverhältnis outside tenancy law, and letting a room inside the owner's own occupied home benefits from easier termination (§ 573a BGB) and reduced protections (§ 549(2) No. 2 BGB). Courts look at substance over labels: long-term exclusive use against market rent will be treated as a protected tenancy regardless of the document's title, with the § 551 deposit cap and § 573c notice rules then applying.
Inside the document
1. Parties and Premises
This guest occupancy agreement is between the Owner [name] and the Guest [name] permitting the Guest to occupy [room/unit] at [address]. It grants a personal permission to occupy and is not intended as a residential tenancy (Wohnraummietvertrag) or to confer security of tenure.
2. Nature of Occupation
The Guest occupies by the Owner's permission only. Where the accommodation is provided free or as a favour, it may be a courtesy relationship (Gefälligkeitsverhältnis) outside tenancy law. Where a room in the Owner's own occupied dwelling is let, easier termination under § 573a / § 549(2) No. 2 BGB applies. The parties intend no full tenancy protection to arise.
3. Permitted Length of Stay
Occupation is permitted from [date] for a maximum of [duration, e.g. weeks/months]. Extension is only by fresh written agreement. A stay that becomes long-term and residential in character may be reclassified by a court as a protected tenancy, which the parties seek to avoid by keeping the stay genuinely temporary.
4. Payment or No Payment
The occupancy is [free of charge / for a contribution of € [ ] toward costs]. Any contribution covers utilities and shared costs and does not convert the arrangement into a commercial residential tenancy where the stay remains temporary and within the Owner's home.
5. No Residence Registration
As a temporary guest, the Guest does not register the address as a residence (Anmeldung) unless the Owner expressly agrees and issues a Wohnungsgeberbestätigung; the parties acknowledge registration duties arise from actual residence and are handled separately.
6. House Rules and Conduct
The Guest observes the Owner's house rules, statutory quiet hours (Ruhezeiten), cleanliness and respectful conduct, and treats the premises and contents with care. The Guest does not sublet, admit further occupants or run a business from the premises.
7. Access, Keys and Privacy
The Owner provides keys/access as agreed and retains access to the dwelling; the Owner respects the Guest's reasonable privacy in the room provided. Keys are returned at the end of the stay.
8. Liability
The Guest is liable for damage caused by the Guest or their visitors beyond normal use. The Owner remains responsible for the safe condition of the premises. Neither party is liable for the other's personal belongings absent fault.
Frequently Asked Questions
Can I host a guest in Germany without granting tenancy rights?
Yes, if the stay is genuinely temporary and, ideally, within your own occupied home. A courtesy arrangement (Gefälligkeitsverhältnis) or a lodging in the owner's own dwelling avoids full tenancy protection. But if the guest effectively lives there long-term and pays rent, a court can find a protected tenancy exists regardless of the label.
Does taking money for costs create a tenancy?
Not automatically. A modest contribution to utilities in the owner's home, for a temporary stay, can remain outside full tenancy protection. Regular market rent for exclusive long-term use points strongly toward a tenancy under the BGB.
How much notice ends a guest occupancy?
For a true guest/courtesy arrangement, short reasonable notice suffices, and serious breaches allow immediate termination. For a lodging inside the owner's occupied home, § 573a BGB gives the landlord easier (though still notice-based) termination than an ordinary tenancy.