In many shared flats someone lives there whose name is not on the tenancy agreement. The terms main tenant and subtenant are then quickly confused. The role decides who has rights towards the landlord, who owes the rent and who can give notice.
Short answer: The main tenant is the person who concluded the tenancy agreement with the landlord. A subtenant lives in the flat on the basis of a contract with the main tenant and usually has no direct contract with the landlord. The main tenant needs the landlord’s permission to let the flat to third parties (section 540 BGB). Last updated: November 2026.
The most important points in brief
- The main tenant is named in the tenancy agreement with the landlord and bears its obligations.
- The subtenant has a contractual relationship with the main tenant, not with the landlord.
- For letting part of the flat to third parties, the main tenant generally needs the landlord’s permission.
- A legitimate interest can give rise to a claim to permission, unless an important reason stands against it (section 553 BGB).
- Your role determines to whom you owe rights and duties.
Who has which role?
Three constellations overlap in everyday shared life. The table below sorts them by contractual relationship, not by the room someone occupies.
| Role | Contractual partner | Typical duties |
|---|---|---|
| Main tenant | Landlord | Paying the rent to the landlord and meeting the obligations of the tenancy agreement |
| Joint tenant | Landlord (together with others) | Jointly liable for the rent, with the whole performance able to be demanded |
| Subtenant | Main tenant | Paying the main tenant under the subtenancy agreement and following the house rules |
The table shows that a subtenant has no direct contract with the landlord. Who receives your payment follows from the subtenancy agreement. Nevertheless, the main tenancy governs the flat, and the house rules you must follow as a subtenant derive from it.
When does the main tenant need permission?
Under section 540 (1) BGB, a tenant may not transfer the use of the flat to a third party without the landlord’s permission. This also covers subletting. Without consent, the landlord can take steps that depend on the circumstances and are regulated in the contract and in the law.
If the landlord refuses permission, the tenant may terminate the tenancy under section 540 BGB with the statutory notice period. This does not apply if there is an important reason in the person of the third party. This special right of termination is an important point if you, as main tenant, want to take in a subtenant.
When can the main tenant claim permission?
If, after the tenancy agreement has been concluded, a legitimate interest arises for the tenant in letting part of the flat to a third party, the tenant can ask the landlord for permission under section 553 (1) BGB. The rule refers to part of the flat, for example a room.
The landlord may nevertheless refuse permission if there is an important reason in the person of the third party, if the flat would become overcrowded or if letting cannot reasonably be expected of the landlord for other reasons (section 553 (1) BGB). Whether such a reason exists must be examined in each individual case.
What rights does a subtenant have?
The subtenant’s rights lie primarily against the main tenant, under the subtenancy agreement. As a rule, there is no direct relationship with the landlord. This means that questions about rent, repairs or the deposit must first be settled with the main tenant, unless the subtenancy agreement provides otherwise.
It is also important that the subtenant uses the flat only within the scope of the permission. Anyone who moves in without consent may face trouble with the main tenant and the landlord. Get the subtenancy agreement in writing and check which rules it contains on termination, deposit and service charges.
What duties does the main tenant have?
The main tenant remains responsible for the flat towards the landlord. They owe the rent, report defects and bear responsibility for compliance with the house rules. A subtenant does not change this, because the contract with the landlord continues to exist.
The main tenant should therefore set out clearly how payments, defects and keys are handled between those involved. A clear list of contact persons prevents the landlord from directing claims to the wrong recipient.
How do you tell the roles apart in everyday life?
A simple test helps. If your name is in the tenancy agreement with the landlord, you are a tenant. If you only have a contract with a person who is themselves a tenant, you are a subtenant. The tenancy agreement decides, not the feeling that everyone is equal.
Shared flats with changing occupancy particularly benefit from a look at both contracts. Pay attention to the details on the contracting party, payments and the room you use.
Problems arise when roles shift over time. If, for example, a flatmate moves in without being named in the contract and later takes over payments, it should be recorded in writing who has which duty. A later agreement does not automatically replace the landlord’s consent. Ask in good time before a change of roles arises.
The date of moving in also matters. Anyone who moves into the flat before the subtenancy agreement is concluded should record the arrangements on rent, service charges and the deposit straight away. This makes it possible to clarify later from which date the payment obligation applies and who is responsible for the handover.
Frequently asked questions
Must I be named in the tenancy agreement as a subtenant?
No, as a rule not. A subtenant has their own contract with the main tenant. Whether the landlord agreed to the subletting is a separate question that the main tenant must clarify.
Can the main tenant simply take in a subtenant?
Under section 540 BGB, they need the landlord’s permission. Without it, they risk consequences in their relationship with the landlord. A legitimate interest can give rise to a claim to permission under section 553 BGB, unless an important reason stands against it.
Can the landlord reject the subtenant?
That depends on the individual case. Under section 553 BGB, the landlord may refuse permission if there is an important reason in the person of the third party, if the flat would be overcrowded or if letting is not reasonable.
Which termination applies to a subtenant?
Termination follows the subtenancy agreement and the role in which you live in the flat. Check the contract to see whether and how a subtenant may terminate. For notice periods in a shared-flat room, the guide on the notice period helps.
You will find more on contractual relationships in a shared flat in the guide Founding a shared flat: who signs the tenancy agreement.
What to do now
- Check the tenancy agreement to see who is named as tenant there.
- Ask for a written subtenancy agreement if you are not named in the tenancy agreement.
- Clarify with the main tenant whether the landlord agreed to the subletting.
- Note contact persons and payment routes so that claims are assigned clearly.
Related reading
- Living in a Student Flat: Rent, Shared Flats, Dorms and Housing Benefit
- Subletting for students: what is allowed and what is not
- Founding a shared flat: who signs the tenancy agreement
- Notice periods for a shared-flat room: when you can move out
- A joint lease: who is liable after a separation
Sources:
Section 540 BGB, transfer of use to third parties (gesetze-im-internet.de, accessed November 2026).
Last updated: November 2026. This guide is general information, not individual advice.
