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4. Listing Apartments Commercially – What Providers Should Know

Listing Apartments Commercially – What Providers Should Know

More and more landlords are choosing to list apartments not only privately but also commercially. This can be worthwhile, especially when properties are rented out regularly, additional services are offered, or multiple units are managed. But what exactly does it mean to list an apartment commercially? And what should be considered when choosing a platform, ensuring legal compliance, and setting prices?

What Does "Commercial Apartment Listing" Mean?

"Commercial" in this context means that the apartment is not rented occasionally and privately but as part of a regular, structured activity, usually with the aim of making a profit. Typical characteristics of commercial apartment rentals include:

• Multiple listings at the same time
• Regular rental income
• Additional services such as furnishing, cleaning, or Wi-Fi
• Systematic marketing, for example via own websites or platform profiles
• Use by corporate clients, business travelers, contractors, or expats

When apartments are regularly listed, rented furnished, or platforms are used, a commercial activity is usually present.

A particularly effective channel for commercial providers is WG-Gesucht PRO – the professional rental tool from WG-Gesucht.de. Thanks to high-quality inquiries, properties can be rented out easily and effectively – especially in the area of temporary, furnished rentals.

Key Aspects Before Listing

1. Check if business registration is required
   Business registration is necessary once rentals are made on a regular basis. Exceptions generally apply only if a single apartment is rented out long-term without offering additional services.

2. Observe the prohibition of misappropriation
   In cities like Berlin, Hamburg, or Munich, the conversion of residential space for commercial purposes is subject to special regulations. A permit may be required.

3. Clarify tax obligations

   • Income from commercial rentals is subject to taxation.
   • Short-term rentals (under 6 months) may be subject to VAT.
   • The small business regulation no longer applies for annual income exceeding €22,000.
   • Consulting a tax advisor is recommended.

Contents of a Professional Listing

A commercial apartment listing should be legally compliant, informative, and appealing. Key elements include:

• Catchy headline targeting the right audience (e.g., “Business Apartment in City Center with Services”)
• Detailed description (size, location, features, floor, Wi-Fi, etc.)
• Rental price information, including utilities or gross rent
• Information about rental period and availability
• Presentation of offered services such as cleaning, laundry service, on-site contact person
• Publisher's information and business registration

Particularly important: For furnished rentals, an inventory list should be provided. A furniture surcharge is allowed but must be stated transparently.

Avoiding Legal Pitfalls

• Prohibition of misappropriation: Violations can result in high fines. Early clarification with the building authority is recommended.
• Data protection & GDPR: Legal notices, privacy policies, and consent for contact forms must be observed.
• Tenancy law: Certain protection provisions apply even to commercial leases, especially for longer rental periods.

FAQ – Frequently Asked Questions

When is a rental considered commercial?

A rental is generally considered commercial when apartments are regularly listed, multiple units are managed, or additional services such as cleaning and key handling are offered.

Is business registration necessary for listings?

Registration is required once rental income is generated on a regular basis or if the rental activity can no longer be classified as private.

How can rental prices be structured?

Rental prices can be freely determined, as long as no rental price controls apply. A furniture surcharge is permissible but must be reasonably justified.

Which rental contracts are suitable?

A commercial rental contract covering additional services is recommended. For short-term rentals, accommodation contracts with clear terms and conditions may also be appropriate.

Useful Information from Official Authorities & Portals:

• Business Registration Berlin
• Prohibition of Misappropriation Hamburg
• Tax Tips for Landlords