The flat-share tenancy agreement in Germany: three models compared

Model 1: joint main tenancy (Mietgemeinschaft)

All flatmates sign one contract with the landlord, which Germans call a Mietgemeinschaft (joint tenancy). Everyone has the same rights, but everyone is jointly liable for the whole rent: if one person does not pay, the landlord can demand the full amount from any of the others. As a rule, only everyone together can give notice, and nobody can ask a flatmate to leave. If one person wants to move out, the change needs the consent of the landlord and the other tenants. Some landlords add a clause that expressly allows flatmates to change, so check whether yours has one before you sign.

Leaving a joint tenancy: how to get out of the contract

When one person moves out, their obligation to the landlord does not end by itself. Everyone named in the tenancy agreement stays liable as a joint debtor (Gesamtschuldner, § 421 BGB) until the tenancy ends or the landlord agrees and expressly releases the person from the contract. An arrangement only between flatmates does not bind the landlord. Here is how to go about it: ask the landlord in writing whether the person may leave and who takes their place. Introduce the successor, since the landlord will usually check that the rent is secure. Then record the change in a written agreement that everyone involved signs. Settle the deposit among yourselves, as it stays with the landlord, and square any open amounts within the flat share before the person leaves. Moving out, changing your registered address or handing back the keys changes nothing about the liability. More on the process: moving-out checklist.

Model 2: main tenant with subtenants

One person rents the flat and sublets individual rooms. That person needs the landlord’s permission to sublet. For a temporary sublet, the process is covered in subletting a room. The Hauptmieter (main tenant) alone is liable to the landlord for the whole rent, and so carries the risk if a room stands empty or someone does not pay. In return, the main tenant has a say in who moves in. Subtenants have a contract only with the main tenant. If they live in a furnished room in the main tenant’s own flat, shorter notice periods and weaker protection against termination often apply than in an ordinary rented flat.

Model 3: individual tenancy agreements

Each person signs their own contract with the landlord for their room and the shared use of kitchen and bathroom. This is common in student halls and in flat shares run commercially. Nobody is liable for anyone else’s rent, and someone moving out gives notice on their own contract only. In return, the landlord usually picks the successor, and the flat share often has little say.

The three models at a glance

• Liability for the rent: joint tenancy everyone together, subletting the main tenant, individual contract each person for themselves
• Notice: joint tenancy only together, subletting your own contract with the main tenant, individual contract your own contract
• New flatmates: joint tenancy with the consent of the landlord and the flat share, subletting chosen by the main tenant with the landlord’s permission, individual contract chosen by the landlord
• Risk of an empty room: joint tenancy everyone, subletting the main tenant, individual contract the landlord

The deposit in a flat share

The Kaution (deposit) may be at most three months’ Kaltmiete (rent excluding utilities), and can be paid in three monthly instalments. With a joint main tenancy, the flat share pays it together. Write down who paid which share, because when someone leaves, the successor usually pays their share to the person moving out, while the deposit stays with the landlord. With subletting, you pay the deposit to the main tenant.

What the contract should contain

1. Who the tenants are, with full names
2. Which rooms are for your sole use and which are shared
3. Rent and utilities, shown separately
4. The amount of the deposit
5. Whether subletting or a change of tenant is allowed
6. Notice periods and any fixed term
7. Which furniture is included

Sublease checklist

A ready-made contract template rarely fits your flat share exactly. The table shows which points a sublease for a room in a flat share should cover, each with an example entry to adapt. Whether the room is furnished and whether the main tenant lives there decides the notice period. Which periods apply when you move out later is explained in giving notice on a room.

Notice periods in a sublease

The normal case is the statutory period of three months for notice given by the subtenant: the written notice must reach the main tenant by the third working day of a month at the latest and ends the contract at the end of the month after next (§ 573c para. 1 BGB). If it arrives by the third working day in March, the sublease ends on 31 May. An exception applies to a room that is part of the flat the main tenant lives in and that is mostly furnished by them, unless the person lives there permanently with family or in a lasting shared household (§ 573c para. 3 with § 549 para. 2 no. 2 BGB). In that case notice by the 15th of a month ends the contract at the end of that same month. Write into the contract which case applies to you, and do not just say “statutory” for the period. Other cases: giving notice on a room.

Sample checklist for a joint main tenancy

If you all sign with the landlord, the landlord usually supplies the contract. Before signing, go through the points in the table and ask about any gaps. Unless agreed otherwise, joint debtors bear equal shares among themselves (§ 426 BGB). If you want to split by room size, record that in a separate flat-share agreement, as described in splitting flat costs.

Which model fits?

For a settled flat share of friends who want to live together for a long time, a joint main tenancy with a clause for changes of tenant fits well. If flatmates change often, as in student cities, subletting is more flexible but puts the burden on the main tenant. Individual contracts are the most convenient, but give the flat share the least influence over who moves in. How you then split rent, utilities and shopping is covered in splitting flat costs, and everything else you need to get started is in the checklist for starting a flat share.