A person requests your flat for five months. They are to be temporarily assigned to another place of work and will return afterwards. You have heard that the Mietrechtsgesetz does not apply for under six months. Before that becomes a contractual decision, the further requirements of the specific exception must be examined.
Understand the actual purpose beyond the contract heading
Ask about the intended housing need and period. Is it actually a second dwelling temporarily required because of employment, or is the person looking for their ordinary permanent household? A short desired length of stay and a furnished offer alone do not answer that.
Record only the information needed for the concrete assessment. The article does not recommend unlimited collection of private employment or household documents. Where requirements are uncertain, it will be professionally clarified which evidence is necessary and appropriate.
Consider the statutory exception in full
§ 1 Absatz 2 Ziffer 3 MRG describes an exception for certain contracts that expire by the passage of time without termination and whose original or extended contractual duration does not exceed half a year. For flats the rule requires an equipment category A or B and the purpose agreed in writing as a second dwelling because of a temporary change of place caused by employment. The following text distinguishes the second dwelling from an ordinary residence existing alongside it. [AUSNAHME]
So this involves several interrelated requirements. The number five in the calendar does not replace either the flat’s classification or the actual purpose. Nor does the mere heading project flat create an already secured exceptional case.
Have the property and contract checked before committing
Submit available information on the equipment and the flat for professional review. An advertising description such as gehoben is not an established legal category. If the condition is unclear, that requirement remains unclear as well.
At the same time, compile the actually intended contract duration and the purpose. A later extension must be re-examined before it is agreed; it is not treated merely as an organisational postponement of the move-out date. The article does not develop a model to portray longer use by repeated short paper contracts differently.
Hypothetical case: The work assignment changes
An interested party plans a five-month assignment. Even before conclusion it becomes clear that their previous household is to be given up and returning is no longer planned. The letting side does not simply use the previously prepared second-dwelling draft unchanged.
The actual prerequisites are reclassified. The exception framework initially assumed may no longer fit; which contract model is permissible instead will be clarified concretely. The example does not provide a classification of a real flat nor a binding contract duration. It shows why the facts and the contract description must match.
Do not equate the Mietrechts framework with all other questions
A reviewed exception from the MRG does not by itself answer all other contractual, tax, registration or local use questions. These are examined separately according to the concrete offer. Nothing in the article constitutes an official authorisation of short-term letting.
Your completed preparatory result contains the actual duration, the clarified housing purpose, the property-related assessment standard and a professionally matching contractual design. Only from that can a reliable commitment arise. A seemingly simple half-year rule should not, however, replace the entire legal basis of a housing offer.