Zwischenmiete: documenting the handover (2026)
Zwischenmiete: documenting the handover
With two records taken close together, because in a Zwischenmiete the move-in and the move-out are often only weeks apart.
If the accommodation really is let only for temporary use, the rules on security of tenure and on fixed-term agreements do not apply (§ 549 Abs. 2 Nr. 1 BGB). If it is not, § 575 BGB applies: a fixed term without a valid reason stated in writing turns the agreement into an open-ended tenancy.
§ 549 Abs. 2 Nr. 1 BGBIn 60 seconds
For accommodation let only for temporary use, the provisions on security of tenure and on the fixed-term tenancy do not apply (§ 549 Abs. 2 Nr. 1 BGB). That is the normal case of a genuine Zwischenmiete (interim let).
Where the use is not merely temporary, a fixed term is only valid if the landlord states the reason in writing when the contract is concluded (§ 575 Abs. 1 BGB).
If that reason or the written form is missing, the agreement counts as concluded for an indefinite period. A supposedly fixed-term interim let then does not end automatically.
For a furnished room that forms part of the dwelling the landlord occupies themselves, notice may be given up to the 15th of a month with effect from the end of that same month (§ 573c Abs. 3 BGB).
The short duration changes nothing about the evidence: even for four weeks you are liable for damage beyond normale Abnutzung (normal wear and tear), and for that you need a starting condition.
What the law says
The provisions on the rent at the start of a tenancy in tight markets, on rent increases and on the protection of tenants when a tenancy ends do not apply to tenancies over accommodation that is let only for temporary use. Whether the use is temporary is decided by the actual purpose, not by the heading on the contract.
Genuine interim let and fixed-term agreement
| Question | Temporary use only | Permanent residential purpose, but fixed term |
|---|---|---|
| Legal basis | § 549 Abs. 2 Nr. 1 BGB | § 575 BGB |
| Security of tenure | does not apply | applies |
| Fixed term with no valid reason | harmless, the purpose carries the term | the agreement counts as open-ended |
Two records, close together
The Zwischenmiete is the case where nothing gets documented at all: it happens quickly, the parties know each other through an ad or through friends, and for a few weeks the effort looks disproportionate.
That is exactly where the dispute comes from. The flat is furnished, the inventory belongs to someone else, and at move-out somebody notices what nobody wrote down.
Capture the condition on the day you move in and the day you leave with BildProof: scan every room, sealed, €9.99 per property.
When a room may be sublet at all: Shared flat and subletting. What the record for a single room looks like: WG room: getting the Übergabeprotokoll right.
Common mistakes
The shorter the let, the easier damage is to attribute, but only if the starting condition was captured.
At move-out the argument is about items that were already damaged.
Without temporary use and without a written reason under § 575 BGB, the agreement is open-ended.
What to do next
Check whether the contract states a reason for the fixed term, and whether the use really is only temporary.
At move-in, capture the room, the shared spaces and the inventory, with a date.
Note the meter readings if you carry a share of the Nebenkosten (operating costs).
Repeat the same walkthrough at move-out and compare the two.
Get a receipt for the Kaution (security deposit), even for a few weeks.
Frequently asked questions
Is a fixed-term interim let automatically valid?
No. If the accommodation is let only for temporary use, the purpose itself carries the fixed term (§ 549 Abs. 2 Nr. 1 BGB). Otherwise § 575 BGB applies: the landlord must state the reason for the fixed term in writing when the contract is concluded. If it is missing, the agreement counts as open-ended and does not end automatically.
What notice period applies to a furnished room in an interim let?
If the furnished room is part of the dwelling the landlord occupies themselves, the shortened period in § 573c Abs. 3 BGB applies: notice may be given up to the 15th of a month with effect from the end of that same month. If the landlord does not live in the same dwelling, the general periods apply.
Is a handover record worth it for just a few weeks?
Yes, particularly then. Over a short let the condition at the start and at the end are easy to compare if both were captured, and practically impossible to reconstruct if they were not. Since interim lets are almost always furnished, an inventory list with the condition of each item belongs with it.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.