Several tenants in the contract: who is liable for rent and damage?

If several persons are in the rental contract (shared flat, couple), they are usually liable to the landlord jointly for the entire rent, not just for their own share. This becomes a problem when one moves out or does not pay. It is important to arrange cleanly who is released from the contract and when.

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Your chances of getting your money back

Several tenants are generally liable as joint debtors: the landlord can demand the full rent from each individual (§ 421 BGB). Internally you can demand compensation.

An individual tenant can only be released from the contract with the consent of the landlord and the co-tenants. A clear written release agreement protects you from later liability.

What you should do now

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1. Clarify the contract situation
Check whether you are all in the contract as main tenants or whether there are subtenancies; the liability depends on this.
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2. Agree a release in writing
When an individual moves out: a written agreement with the landlord and co-tenants that you are released from the contract and from when.
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3. Arrange the deposit and damage
Clarify how the deposit share and possible damage are assigned, so that you do not have to answer for it later.
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4. Demand compensation for missed payment
If you have to step in for an unwilling co-tenant, you can demand compensation from them internally.

How to spot the scam

You move out without having yourself released from the contract in writing; then you often remain liable.
A flatmate does not pay, and the landlord turns to you.
There is no arrangement on who is proportionally entitled to the deposit.

Frequently asked questions

Is each tenant liable only for their share?

No. Several main tenants are generally liable to the landlord as joint debtors for the full rent (§ 421 BGB). The landlord can choose from whom to obtain payment. Among yourselves you can demand compensation.

How do I get out of the contract as an individual?

Only with the consent of the landlord (and usually the co-tenants) through a release agreement. Without this you remain a party to the contract and remain liable, even after your move-out.

Do I have to cover the others' damage?

Towards the landlord, all are liable jointly. Internally you can seek recourse from the person who caused the damage. A clear move-out agreement prevents disputes.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.