§ 549 BGB - Part of the German Housing Tenancy Law. Jungle? Yes! Pitfalls? Also!

Regulations applicable to residential rental relationships

(1) For rental relationships over residential areas, §§ 535 to 548 apply insofar as §§ 549 to 577a do not provide otherwise.

(2) The provisions on the increase of rent (§§ 557 to 561) and on the protection of tenants upon termination of the tenancy and on the establishment of condominium ownership (§ 568 (2), §§ 573,573a, 573d (1), §§ 574 to 575,575a (1) and §§ 577,577a) do not apply

  • for tenancy agreements for residential premises rented for temporary use only,
  • residential area, which is part of the apartment occupied by the landlord himself and which the landlord is mainly responsible for equipping with furnishings, provided that the accommodation is not made available to the tenant for permanent use with his family or with persons with whom he leads a permanent common household,
  • Residential area rented by a legal entity under public law or by a recognised private welfare institution to provide it to persons in urgent need of housing, if it has informed the tenant at the time of conclusion of the contract of the purpose of the accommodation and the exception to the aforementioned provisions.

 (3) For accommodation in a student or youth dormitory, §§ 557 to 561 and §§ 573,573a, 573d Abs. 1 and §§ 575,575a Abs. 1, §§ 577,577a do not apply.


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