The property owner of a residential building had rejected that the usage of some apartments as holiday homes in her house had been forbidden by the District Office of Berlin-Pankow. This legal dispute was triggered by tenants complaining about noise disturbances during the night and at the weekend. According to these residents, the holiday rentals were the reason. The District Office of Berlin-Pankow found out that a number of overall 30 flats were used as holiday accommodation and declared an immediate ban on this. The property owner in contrast argued that the use had moved along the lines of the regular residential use.
The Court of Berlin however now confirmed this prohibition. The use of flats as holiday homes infringes the requirement of being considerate, as explained by the Court. The holiday rental does not correspond to a residential use, but is commercial. In the regular residential area, vacation rental is only permitted on an exceptional basis.