Moving out of a shared flat: how long am I liable? (2026)
Moving out of a shared flat: how long am I liable?
On a joint tenancy agreement you stay liable until the landlord expressly releases you from the contract.
All co-tenants are jointly and severally liable, so the landlord may demand the full rent from any single one of them (§ 421 BGB). Moving out changes nothing about that: a joint agreement can only be terminated by everyone together, and one person leaving requires the landlord's consent.
§ 421 BGBIn 60 seconds
On a joint agreement everyone is a Hauptmieter (main tenant). The landlord can demand the entire rent from a single person (§ 421 BGB), regardless of who still lives there.
A joint tenancy agreement can only be terminated by all tenants jointly. A Kündigung (notice of termination) given by one person alone has no effect.
One person leaving an ongoing agreement is a variation of contract: it needs the consent of the landlord and of the remaining tenants.
Until that release is granted, you remain liable after moving out, including for arrears that only arise afterwards (see BGH, judgment of 16 March 2005, VIII ZR 14/04).
If you pay more than your share as a joint debtor, you can claim the difference back from the others internally (§ 426 BGB). That only helps if there is anything to recover.
What the law says
Where several people owe one performance such that each is obliged to render the whole, but the creditor may demand it only once, the creditor may demand the whole or part of it from any of them at their discretion. For a shared flat that means the landlord turns to whoever is most likely to pay.
What moving out means in each model
| Contract model | How you get out | What you remain liable for |
|---|---|---|
| Joint tenancy agreement | only by a release from the landlord, or a termination by everyone together | until released, the full rent, including arrears that arose earlier |
| Individual contracts per room | your own Kündigung, your own notice period | only your own room and your own rent |
| Hauptmieter with subtenants | as a subtenant: your own notice to the Hauptmieter | as the Hauptmieter, still the whole flat towards the owner |
Why the condition matters even when there is no handover
When you move out of a shared flat there is often no handover at all: the tenancy carries on, nobody walks through the rooms with a form, and someone takes over your room the same day.
That is where your liability and the condition of the flat meet. If you stay in the contract, you end up liable for damage that arises after you left. If you are released, you need evidence of the state in which you left the place.
Record that state on the day you go, with BildProof: scan every room, sealed, €9.99 per property.
Which contract model your flat uses: Shared flat and subletting. How rent and Nebenkosten are split internally: WG: splitting rent and Nebenkosten fairly.
What it means for each side
- Do not rely on a verbal assurance that you are out.
- Get the release in writing, dated and signed by the landlord.
- Have the condition recorded on the day you leave, even though the flat carries on.
- Agree in writing who repays your share of the deposit: the flat, or the landlord at the end.
- You decide whether to release someone from the contract; there is no right to it.
- Without a release, the departed tenant remains available to you as a debtor.
- A release plus the addition of the new person belongs in a written addendum.
- Record the condition at each changeover, or you lose the benchmark over the years.
Common mistakes
The new person moves in, the contract stays untouched, and you remain liable for a flat you no longer live in.
On a joint agreement a termination by one person is ineffective and the tenancy simply continues.
The deposit share is quickly repaid; the liability is entirely unaffected by it.
What to do next
Check which model your contract uses: everyone as tenants, individual contracts, or the Hauptmieter model.
On a joint agreement, ask the landlord for a release early, ideally alongside a successor.
Get the release confirmed in writing before you move out.
Document the condition of the flat as at the day you leave.
Record internally who bears which share (§ 426 BGB).
Frequently asked questions
Am I still liable for the rent after moving out of a shared flat?
On a joint tenancy agreement, yes, until the landlord expressly releases you from the contract. Liability is joint and several (§ 421 BGB), so the landlord can turn to any individual tenant, including one who moved out long ago. With individual contracts per room, by contrast, you are only liable for your own rent.
Can I terminate a joint tenancy agreement on my own?
No. A tenancy with several tenants can only be terminated by all of them jointly, and notice given by one person alone is ineffective. To leave on your own you need a variation of contract: the consent of the landlord and of the remaining tenants.
How do I get out of the contract cleanly?
Through a written release agreement with the landlord, ideally combined with a successor joining the same contract. There is no legal right to be released, but in practice landlords usually agree when a solvent successor is ready. Without that signature your liability continues.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.