Flatshare Contracts: Avoid Joint Liability (WG)
Protect yourself from being held financially responsible for a flatmate's unpaid rent or apartment damage.
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If everyone signs the lease together as joint main tenants (Hauptmieter), German law considers you all jointly liable (§ 421 BGB). If a flatmate moves out or stops paying rent, the landlord can legally demand the entire rent and repair costs from you. You also cannot leave the lease on your own unless all other tenants and the landlord agree in writing.
STEP-BY-STEP ACTION PROTOCOL (4 STEPS)
- 1
Ask for an individual sublease (Untermietvertrag) for your room instead of signing a joint lease.
- 2
If you have to sign a joint lease, make a written agreement with your roommates detailing each person's share of rent and deposit.
- 3
When a roommate leaves, make sure the landlord signs a release agreement (Entlassungsvereinbarung).
- 4
Fill out a written handover protocol (Übergabeprotokoll) noting existing room damages when you move in.
OFFICIAL PORTALS & LEGAL REFERENCES
Frequently Asked Questions
What legal risk arises from signing a joint lease as Hauptmieter in a WG?[FAQ]
Under § 421 BGB, joint tenants are jointly and severally liable. If one roommate defaults or abandons the flat, the landlord can legally demand the entire apartment rent and repair costs from any remaining tenant.
What is the safest legal tenancy arrangement in a German flatshare?[FAQ]
Executing an individual sublease agreement (Untermietvertrag) for your specific room, ensuring legal liability is strictly confined to your personal room and agreed rent.