A joint tenancy for two ties both signatories to the flat, even after a relationship ends. If you move out after a break-up, you remain liable to the landlord at first. This guide explains what you are liable for, how to get out of the contract and what you should agree between yourselves. For an overview of housing topics see our housing guide for students.
In short: If both of you signed the tenancy agreement, you are jointly and severally liable (Gesamtschuldner) for the whole rent under section 421 of the German Civil Code (BGB), even after moving out. Telling the landlord you have left is not a termination. A joint tenancy can only be terminated jointly, and being released from it requires everyone involved to agree. Last updated: November 2026.
Key points
- Both signatories owe the landlord the full rent, not just half each.
- Moving out ends neither your liability nor the tenancy.
- A joint tenancy (Mietvertrag) can only be terminated by all tenants together; a termination by one person alone is invalid.
- Under the general rule the landlord does not have to agree to release one partner from the contract.
- Agreements between you (indemnity, cost sharing) only work between the two of you and do not bind the landlord.
Who is liable for the rent after a break-up?
Anyone who co-signed a tenancy agreement is jointly and severally liable (section 421 BGB). The landlord may demand the entire rent from either tenant until it has been paid once in full and does not have to split it. This also applies to rent arrears, utility bill back payments and, in a dispute, court and eviction costs. The Berliner MieterGemeinschaft (a tenants’ association) points out that this liability continues after one tenant moves out (source below).
Between the two of you, an internal split applies. If you have paid more than your share, you can ask the other for compensation. That claim is only worth as much as the other person can pay. If they cannot be reached or are insolvent, you carry the risk.
Assumption: total monthly rent 900 euros, partner A has moved out, partner B pays nothing for three months. The landlord can claim the full 2,700 euros from A. A can then turn to B but depends on B’s ability to pay. A verbal promise such as “I will pay everything from now on” changes nothing about this.
Can you terminate on your own when you move out?
No. A joint tenancy can only be terminated by all tenants together. A notice signed by one person alone is invalid, and simply informing the landlord that you have left ends nothing. The statutory notice period for tenants is three months under section 573c (1) BGB: notice must arrive no later than the third working day of a calendar month and takes effect at the end of the month after next.
In practice: if you both agree to move out, you terminate together in writing with both signatures. If one of you wants to stay, it depends on the landlord.
How do you get out of the contract if your partner stays?
A release from the contract requires cooperation from everyone: you, your partner and the landlord. Under the general rule the landlord is not obliged to agree to a change of the contract. For example, they may refuse if the remaining tenant’s creditworthiness is not sufficient. The usual routes are:
| Route | How it works | What to watch |
|---|---|---|
| Amendment or termination agreement | The landlord releases you in writing, your partner stays as sole tenant. | Get written confirmation with a date. Check that the deposit is covered as well. |
| New co-tenant | A third person joins the contract in your place. | The landlord must agree. Notice period and liability stay as they are until then. |
| Joint termination | Both give notice, both move out. | Three months notice; make sure it arrives in time. |
| Subletting to your partner | You stay main tenant and sublet your room. | Landlord permission is required and you remain liable as main tenant. |
There is an exception for spouses: under section 1568a BGB, a spouse can demand on divorce that the other spouse leaves the marital home to them if they need it more, taking the child’s welfare and the couple’s circumstances into account, or if the transfer is otherwise equitable. The spouse who receives the home then takes over the tenancy or continues a joint tenancy alone, either when the spouses’ joint notice reaches the landlord or when the court’s final decision in the home allocation proceedings becomes final. Unmarried couples, who often rent together while studying, do not have this route.
What happens to the deposit, utilities and rent increases?
The deposit belongs to the tenant and is settled after the tenancy ends. If both of you paid in, put in writing who receives what share in case of a payout, or whether the remaining tenant reimburses the one who leaves. More in our guide on getting your deposit back.
Declarations by the landlord, such as a rent increase, must in general be addressed to all tenants, otherwise they are usually ineffective. If you move out without having been released, give the landlord your new address so you do not miss such letters. Deadlines run whether or not you read the mail.
What should you agree in writing between yourselves?
The landlord is not bound by your internal agreement, but it is still worth having. A short written agreement should cover:
- Who pays the rent from which date, and whether the remaining tenant indemnifies the one who leaves against landlord claims.
- Who receives the deposit and how deductions for damage are split.
- Who takes over electricity, internet and the broadcasting fee, and who re-registers existing contracts.
- How the move-out works, including the handover record and return of keys.
- What happens if the landlord refuses to release one of you.
The handover meeting should produce a record of meter readings and defects, see handover record for a flat. If you stay and want to re-let, check whether subletting is allowed (sublets for students).
Frequently asked questions
Does the landlord have to release me from the tenancy?
Not under the general rule. Releasing a tenant is a change to the contract that all parties must agree to. The landlord can refuse, for instance, if the remaining tenant cannot reliably pay the rent alone. Proof of income, a new co-tenant or a guarantee can help.
Is each of us liable for half only?
No. With a joint contract, each of you is liable for the whole amount. How you split costs between yourselves is an internal matter. Towards the landlord, joint and several liability applies.
Can I move out and stop paying?
Not automatically. As long as you have not been released and the contract has not been terminated jointly, you owe the rent. An indemnity from your partner only protects you in relation to them.
What if we are married?
For spouses, section 1568a BGB lets one spouse demand the marital home on divorce, if necessary in court proceedings on the allocation of the home. This is a separate family law procedure and should be clarified with legal advice.
Where can I get help?
Tenants’ associations and university advice services can review your contract and help with the letter to the landlord. Whether membership is worthwhile is covered in our article on tenants’ associations for students (in German).
What to do now
- Read your tenancy agreement and check who signed and how notice period and deposit are regulated.
- Talk to the landlord early and ask for a written release or a change of tenant.
- Put the internal agreement with your partner in writing.
- If you both move out, give notice together and in time before the third working day of the month.
- Document the move-out, meter readings and key handover and settle the deposit.
Related guides
- Housing while studying: rent, shared flats, dorms and housing benefit
- Notice period for a shared-flat room
- Proposing a replacement tenant
- Founding a shared flat: who signs the tenancy
- Student Tenancy Agreement: What You Should Check Before Signing
Sources: Section 421 BGB, joint and several debtors, Gesetze im Internet (in German); Section 573c BGB, notice periods, Gesetze im Internet (in German); Berliner MieterGemeinschaft, several tenants in one tenancy (in German), accessed November 2026; Section 1568a BGB, allocation of the marital home on divorce, Gesetze im Internet (in German), accessed 2 November 2026.
Last updated: November 2026. This guide is general information, not individual advice.
