Couchsurfing in court: landlord gets the short end of the stick - tenant can host guests free of charge

Are you allowed to let strangers sleep over? What the court says

Andreas Andermann had been in dispute with his landlord for some time - partly because he had sublet his apartment once before without obtaining the owner's permission. But instead of being intimidated by the trouble, he started a new attempt: he registered on a couchsurfing platform and offered sleeping places for travelers free of charge.

His landlord didn't find this funny at all - and promptly gave him notice. But the case went to court. And the Lübeck Regional Court (case no.: 14 S 61/20) made it clear: couchsurfing is not subletting. The tenant is allowed to do it. Period.

Couchsurfing is not a business relationship - nor is it a rental agreement

The court took a close look at the matter. The crucial point: Couchsurfing does not require any money. The guests pay nothing, there is no rent, no service in return. Instead, it's about hospitality, spontaneous acquaintances and cultural exchange.

What's more, the tenant stays in the apartment during the visit and continues to use it as usual. The guests sleep on the sofa, perhaps in the guest room - but they do not take over the apartment.

The court puts it in a nutshell: "Visits by guests via such platforms are generally only intended to be short-lived. After all, the tenant also uses their apartment during this time. It is therefore merely a question of shared use and not the transfer of use."

When does it still get tricky?

In plain language: As long as you do not collect rent and continue to live in the apartment yourself, it is not legally prohibited to invite guests via couchsurfing - even without the landlord's consent.

But it is important, even if no traditional rent is charged: As soon as money starts flowing in - be it through Airbnb, donation boxes or "cleaning costs" - the whole thing can quickly become an unauthorized sublet. The landlord's consent is then mandatory.

Not every guest is a roommate

The ruling from Lübeck confirms this: Not every stranger in your living room is a tenancy. You can simply take someone in without immediately resorting to black renting.

What we particularly like about this case is that the court decided with a sense of proportion. It's about trust, common sense - and a bit of hospitality. It should go without saying that couchsurfing is not illegal. Unfortunately, the fact that a court ruling is needed shows how suspicious some landlords have become.