The first question before exchanging dreams for Copenhagen, South Tyrol or the sea is usually not whether the other apartment is nice enough. It is: Is apartment exchange legal? The short answer: mostly yes – but not automatically. What matters is whether you own the apartment or are renting it, how long the exchange lasts and what the rules in your contract are.
Before our first exchange, we also took a closer look. Especially as a family, you don’t want to find out just before departure that a good travel idea suddenly turns into trouble with the landlord, insurance company, or neighbors. The good news: With early, clear communication, this can be easily resolved in most cases.
Is apartment exchange legally allowed? A brief overview
A home exchange is not a separate category in legal terms. When someone lets other people stay in their own home for a limited period of time and in return uses their home, they are temporarily giving up living space. Whether or not money flows in is not the only determining factor.
For owners, a casual exchange is usually much easier. Tenants, however, usually need their landlord’s consent if they are to hand over the entire apartment to a replacement tenant. This also applies if the exchange is free of charge or through an intermediary. Network like HomeExchange is organized.
The location is also important: This article primarily concerns Germany. In Austria and Switzerland, rental agreements, cantonal or municipal regulations, and the respective rental law may be formulated differently. Those who live there should apply the same basic principle, but should check the specific local rules.
Who lives in rented accommodation: First get the permission
In Germany, the matter is fundamentally clear: The full assignment of a rental apartment to a third party requires the permission of the landlord under § 540 BGB. An apartment exchange is practically similar to a time-limited sublet, even though it does not require a classic rent.
This sounds more formal than it really needs to be in everyday life. A friendly email often suffices. Write that you would like to let your apartment to someone for two weeks during the summer holidays as part of a non-commercial apartment exchange. Explain that you are traveling yourself, that the apartment will not be permanently rented out, and that you will naturally remain responsible for its proper use.
It is helpful to mention these points directly:
- Period of the exchange and approximate number of guests
- Name and contact details of the exchange partners
- Note that no commercial rental model is planned
- Your availability during the trip
- your commitment to take responsibility for damages and to comply with the house rules
Not every landlord is happy about the request. Nevertheless, openness is almost always the better strategy. An unauthorized exchange can lead to a warning and, in the case of repeated violations, even more serious consequences. Simply put, it’s not worth taking that risk for a weekend trip.
A common misconception concerns the distinction between a room and the entire apartment. For the subletting of a single room, further claims may be possible under certain conditions. With the complete transfer of ownership of the apartment, the legal situation is stricter. If you want to be on the safe side, always ask for written consent and keep a record of the answer.
What if the lease prohibits apartment exchange?
Some contracts include clauses regarding subletting, short-term rental, or the inclusion of third parties. This does not necessarily mean that a time-limited exchange is impossible. However, it does mean: Don’t just start without asking for an exception for your intended period.
Many landlords distinguish between regular tourist rentals and a one-time, private exchange during your own vacation. The more specific your request is, the easier it is to answer it. Instead of asking, „Can strangers stay with us at some point?“ it is understandably more trustworthy to say, „We would like to exchange our apartment with a four-person family from August 3 to 17.“.
Apartment or house: Free, but not unlimited
As owners, you have significantly more leeway. Nevertheless, a home exchange should not be viewed entirely apart from other rules. In the case of a condominium, the declaration of partition and the community regulations may contain provisions, especially if short-term rentals in the complex have often led to conflicts.
Municipal regulations against the misuse of property can also play a role. They are primarily aimed at the permanent or commercial conversion of residential units into holiday accommodations. An occasional, genuine exchange of apartments is different from a year-round holiday apartment. Nevertheless, it is worth taking a look at the rules of your city, especially in times of tight housing markets like Berlin, Munich or Hamburg.
Practically more important than legal theory is often the good relationship within the household. Our experience: Letting the immediate neighbors know is often a good idea. „During our vacation, a family lives with us; if something happens, here is our number“ – usually that’s all that’s needed. This prevents unnecessary speculation from emerging from unknown suitcases in the stairwell.
Free does not mean without rules
When exchanging apartments, a reciprocal visit is often involved or exchanged points. This sometimes leads to the assumption that it is only a private visit from a legal point of view. It is not quite that simple. Guests are given access to your home for a certain period of time, your keys, and often personal belongings. Therefore, house rules, duty of care, and responsibility towards the landlord or condominium remain in place.
Therefore, we treat every exchange as a small gift-giving among friends, only better prepared. This includes clear arrangements regarding arrival, the maximum number of guests, pets, and smoking. If certain rooms are to remain private, they will be locked. We remove valuable or personal items from the room, not because we distrust our exchange partners, but because both parties travel more relaxed when the boundaries are clear.
A short house guide also helps. It includes information on waste separation, Wi-Fi, operating the heating, emergency numbers, and special features such as a jammed window or the rule that bicycles should not be left in the hallway. This is especially valuable for children: no one wants to have to wonder on the first day of vacation whether the stove has a child safety lock or where the first aid kit is located at night.
Clear up insurance and liability issues before the exchange
The question of liability is one of the points that should not be postponed until later. For damage to one’s own home, furniture or to third parties, various insurances may be relevant: home contents insurance, home building insurance for property and the private liability of the exchange partners.
Ask your insurance company in advance whether damage caused by temporary guests is covered and whether there are exclusions for non-commercial rentals. Have an important information confirmed in writing as much as possible. This is not about creating a horror scenario. A broken glass on the carpet is rarely a drama, but water damage can quickly become expensive.
A look into the Terms of the exchange platform It is worth it. Many networks offer protection mechanisms or support in the event of conflicts. However, this does not replace the landlord’s consent or an appropriate own insurance. Platform protection is an additional safety net, not a legal permission to rent out the apartment.
These exceptions deserve special attention.
In the case of cooperative housing, the bylaws may contain additional requirements. In the case of subsidized housing, service apartments, or apartments with special occupancy restrictions, stricter rules sometimes apply. Even those who have rented only a furnished room or live in a shared apartment should involve the roommates and the main tenant early on.
Caution is also advised when exchanging apartments for a long period of time. Two weeks of summer holidays are quite different from a half-year stay abroad. The longer the guests stay, the closer the situation approaches that of a traditional sublease. Then contract, consent and, if necessary, reporting obligations should be examined particularly carefully.
There is also a very practical aspect for families: does the apartment really suit the guests? If there is a steep staircase, an unsecured pond, or a balcony without child-proof safety measures, speak up openly. A good exchange doesn’t depend on everything being perfect, but on no one being surprised.
Therefore, apartment swapping need not be a legal barrier. If you communicate honestly, obtain consent when you live in a rental property, and prepare your home with the same care you would like to bring to your own home, you can turn your own apartment into an amazingly valuable travel key. And that is the most beautiful thought about it for us: Not traveling less because hotels are expensive – but seeing more of the world because you know each other.
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On my travel blog Wandernotizen I'll take you along on our family trips around the globe. Between wanderlust and everyday chaos, you'll find honest travel reports, tips, and plenty of material to ignite your wanderlust. 🧭 ❤️ 🏝️