A shared flat often starts with an advert and a contract that many of the people involved read only in passing. Who finally appears in the tenancy agreement, however, determines who must stand behind the rent towards the landlord. The question of who signs is therefore more than a formality.
Short answer: Everyone who wants to rent the flat together should appear in the tenancy agreement. Several tenants owe the rent to the landlord jointly, and the landlord may choose from whom to demand performance in full or in part (section 421 BGB). Anyone who is not named in the contract is not a tenant. Last updated: November 2026.
The most important points in brief
- Everyone who wants to rent together should be named in the tenancy agreement.
- Several tenants are, in principle, jointly liable to the landlord for the rent.
- The internal split of costs in everyday shared life governs the relationship among flatmates, not the contract with the landlord.
- Before you sign, check the deposit, the handover and the service charges in the contract.
- Anyone who wants to move out needs an arrangement with the landlord that is secured in writing.
Who belongs in the tenancy agreement?
A tenancy agreement is an agreement with the landlord. Anyone named there is a contracting party and therefore a tenant. A person who lives in the flat without being named in the contract has a different role, which is governed by a sub-tenancy agreement with the main tenant. This distinction is central to later liability.
Many shared flats first sign with only some of the residents, because the landlord wishes it or because some flatmates will move in later. In this case, check carefully who owes the rent and who has rights towards the landlord. A later amendment of the contract is a separate matter that you should agree with the landlord.
What does joint liability mean?
When several people sign a tenancy agreement together, the starting point is the rule on joint and several obligations. The creditor, that is the landlord, may choose from which debtor to demand the performance in full or in part. Until the performance has been completed in full, all debtors remain obliged (section 421 BGB).
For you, this means that the landlord can demand the full rent from a single co-tenant, even if other flatmates would have to pay a share. Whether this applies in your case also depends on how the contract is worded. The rule nevertheless shows why a clean arrangement among flatmates matters so much.
Which points should you clarify before signing?
Many conflicts arise not from the contract itself but from expectations that nobody has voiced. The table below shows the points to settle with everyone involved before the contract is signed.
| Point | What to clarify |
|---|---|
| Contracting parties | All future tenants are named in the tenancy agreement |
| Rent and service charges | Amount of the rent, advance payments and how they are split among you |
| Rental deposit | Who pays, who receives the deposit back and how it is invested |
| Handover | Who accepts the flat and who signs the protocol |
| Moving in and out | How a flatmate can leave and who looks for a replacement |
| Shared areas | Kitchen, bathroom, cellar and furniture that belongs to everyone or to individuals |
It is best to write the agreements into a shared note that everyone signs. It does not replace the tenancy agreement, but it helps to avoid misunderstandings.
How should you approach signing the contract?
Read the tenancy agreement in full before you sign. Pay particular attention to the details about the tenants, the rent, the deposit and the handover. If a point is unclear, ask before you sign.
- Check whether all tenants are named in the contract.
- Agree internally how rent, service charges and the deposit are split.
- Decide who hands over the flat when you move out and who is the contact for the landlord.
- Keep a signed copy for every tenant in a safe place.
When does the joint liability end?
Whether and when joint liability ends depends on the tenancy agreement, on any arrangement with the landlord and on how the tenancy develops. The departure of individual flatmates does not automatically end the obligation. The guide on liability after a separation explains how you can protect yourself after a split.
For your planning, this means that you should always agree your departure with the landlord and obtain written confirmation. Whether a replacement tenant releases you from the contract depends on the arrangement with the landlord. Ask before you move out which form the landlord requires for this.
What happens when someone joins later?
Many flat-shares take on a new person during the term, for example because a flatmate moves out early. The question then arises whether the new person enters the existing tenancy agreement or whether a separate contract is made. This is not something to settle in passing. Speak to the landlord before the new person moves in and record the arrangement in writing.
For the flatmates, this also means that payments and the deposit are handed over cleanly. A list with account details, payment dates and the status of the deposit saves a lot of argument later.
Another point concerns communication. If the landlord sends post, defect notices or rent increase letters, it should be clear who receives these letters and passes them on to everyone. It is best to agree on one contact person for the landlord and a shared folder for all documents. That way nothing gets lost and every flatmate knows where things stand.
Decisions that affect everyone, such as renovation or changing the internet provider, are also worth settling in advance with a shared rule. That protects the relationship among flatmates when the situation becomes more difficult later.
Frequently asked questions
Can I move in without signing the contract?
Anyone who is not named in the tenancy agreement is not a tenant. Whether a flatmate may live in the flat without their own signature depends on the arrangement with the main tenant and on the landlord. Clarify this in writing before you move in.
Does the landlord have to accept every flatmate?
That depends on the contract and the individual case. If a new flatmate is to be added to the tenancy agreement, an arrangement with the landlord is needed. Also check which rules the contract contains on subletting or changes of tenant.
What if one co-tenant does not pay the rent?
In that case the landlord can in principle demand the rent from each tenant under the rule for joint and several obligations. Raise the issue early and keep payments documented. If you have payment difficulties, the guide on rent arrears is a good starting point.
What role does the rental deposit play?
The deposit is a separate topic with its own rules on amount, instalments and investment. How to plan it sensibly as a student is explained in the guide on the rental deposit.
You will find more on the roles in a shared-flat contract in the guide Main tenant or subtenant in a shared flat: the difference.
What to do now
- Talk with all future flatmates about how costs and duties are shared.
- Have the tenancy agreement explained to you in full before signing, including the clauses on the deposit.
- Record internal agreements in writing, for example in a shared note.
- Agree early with the landlord how a change of tenant or the departure of an individual tenant works.
Related reading
- Living in a Student Flat: Rent, Shared Flats, Dorms and Housing Benefit
- Finding a flat as a student: your rights and duties
- A joint lease: who is liable after a separation
- Rental deposit as a student: amount, instalments and investment
- Handover protocol when you move out: what tenants should check
Sources:
Section 421 BGB, joint and several obligations (gesetze-im-internet.de, accessed November 2026).
Last updated: November 2026. This guide is general information, not individual advice.
