The relationship between you and your guest is not a legal vacuum: confirming a reservation creates an accommodation contract under §754 of the Civil Code — and the house rules are the document through which you actually govern that relationship. Here is what the law says, what belongs in the rules, and when it gives you the right to evict a guest.
The accommodation contract arises even without a signature
Under §754 of the Civil Code, the accommodation contract gives the guest the right to have the host provide temporary accommodation for the agreed period, and the host the right to payment. The contract requires no written form — it arises by confirming a reservation on Airbnb, Booking.com, by e-mail or by phone.
Precisely because the contract arises “by itself”, it is important that its content — rules, cancellation, liability — is captured in writing somewhere. The Code explicitly anticipates that the guest’s rights and duties are also governed by the house rules: the guest is to use the premises and services properly and to behave in the establishment in accordance with them.
What belongs in the house rules
| Area | Why it belongs there |
|---|---|
| Check-in / check-out times | the frame of the stay, cleaning handover |
| Quiet hours (typically 22:00–6:00) | the most common source of neighbor conflicts |
| Maximum number of persons | basis for the guest records and the local tax |
| Ban on parties / smoking, pets | prevention of damage and complaints |
| Keys, waste, parking | operational details guests otherwise guess |
| Liability for damage | an anchor point for claims |
| Contact and problem procedure | neighbors and guests call you, not the police |
| Rules for common areas | if the flat is in an apartment building — see the article on neighbors |
The rules should be delivered to the guest before arrival and ideally also available in the flat — rules the guest did not know about are hard to enforce.
When you may evict a guest
The Civil Code (§759) allows the host to withdraw from the contract before the agreed period ends if the accommodated person, despite a warning, grossly breaches good morals or otherwise grossly breaches their contractual obligations. Practically, that means a two-step procedure:
- Warning — a provable notice (a message through the platform is ideal: it carries a timestamp).
- Withdrawal — if the breaches continue, you may end the stay.
Without written rules, a “gross breach of obligations” is hard to prove — with the house rules in hand, the warning is specific (“you are breaching point X”) and the withdrawal defensible. For platform reservations, use the platform’s own problem-guest reporting mechanisms in parallel.
The guest can withdraw too
The Code also gives the guest the right to withdraw from the contract before the agreed period ends; the host is entitled to compensation for damage they could not prevent. In platform-reservation practice, this level is covered by the cancellation terms you chose in your listing — choose them knowing they are de facto part of the accommodation contract.
House rules vs. public-law obligations
The rules govern your private-law relationship with the guest. They do not replace public-law obligations — reporting foreigners, the guest register and the local tax must be fulfilled regardless of what you agree with the guest. The other direction works well, though: the rules are the right place to inform the guest in advance that they will fill in registration data at check-in and that the accommodation tax is paid to the municipality.
How Best Guest handles this
Best Guest delivers the rules and stay instructions to the guest automatically before arrival as part of the online check-in — together with collecting the registration data and an electronic signature, so the guest’s agreement to the terms is recorded with a timestamp, not merely silently assumed.
This article is informational and does not replace legal advice — consult a lawyer on the wording of your own house rules for a specific operation.
Related pages
Frequently asked questions
Do I need house rules when I rent out a single apartment?
The law imposes no express duty on small operations to have written house rules — but the Civil Code does anticipate them as a document the accommodation contract refers to. Practically, they are the most useful tool you have: without written rules you have nothing to lean on in a dispute; with written rules most disputes never even start.
Does any contract actually arise with an Airbnb guest?
Yes — confirming the reservation creates an accommodation contract under §754 of the Civil Code, even if you never sign a piece of paper. Through it the guest gains the right to use the space and services, and you the right to payment. That is exactly why it pays to have the terms (rules, cancellation, liability) captured in writing in the listing and in the house rules.
Can the guest cancel the stay at any time?
The Civil Code gives the accommodated person the right to withdraw from the contract before the agreed period ends; the host is entitled to compensation for damage they could not prevent. For platform reservations, in practice the platform's cancellation terms that you chose in your listing apply.
When may I evict a guest before the end of the stay?
The law allows the host to withdraw from the contract before the agreed period ends if the accommodated person, despite a warning, grossly breaches good morals or otherwise grossly breaches their contractual obligations. The key words are warning and gross breach — first a provable warning, only then ending the stay. Written stay rules make the warning an enforceable step.
What should the house rules contain?
Practically: check-in and check-out times, quiet hours, the maximum number of persons, a ban on parties and smoking, rules for pets, handling of keys and waste, liability for damage, your contact details and the procedure for problems. If the flat is in an apartment building, carry over the building's rules for common areas too.
Verified against
Informational only
This page is provided for general information and is not legal or tax advice. Rates, deadlines and exemptions are set by law and municipal ordinances and can change — always verify current requirements with your municipality or a qualified advisor.