Moving out of a WG: how long you stay liable

How long you stay liable for the rent after you leave a WG (shared flat) with a joint lease, and what to sort out before you go.

BildProof RedaktionUpdated 9/28/20262 min readGermany
In short

If you are on a joint lease, you stay liable for the full rent after you move out, until the landlord expressly releases you. Ask the landlord for the release early and get it confirmed in writing.

What to sort out before you leave a WG

Just moving out does not take you out of the lease. Sort out these points before you go.

  1. 1

    Check your lease

    Check which kind of lease you have. If every room has its own lease, you are only liable for your own rent.

  2. 2

    Notice from you alone does not count

    Only all the tenants together can end a joint lease. Notice from one person alone has no effect.

  3. 3

    Ask the landlord early

    Ask the landlord in good time to release you from the lease.

  4. 4

    Find someone to take your place

    Ideally, someone who can pay the rent joins the same lease in your place.

  5. 5

    Get the release in writing

    Get the release confirmed in writing before you move out.

  6. 6

    Record the condition

    On the day you move out, photograph your room and the shared rooms.

Why this matters

Under § 421 BGB, the landlord can demand the whole rent from just one person, no matter who still lives in the flat. That is why you stay liable until the landlord releases you from the lease.

General information, not legal advice.

Frequently asked questions

Am I still liable for the rent after I move out of a WG?

Yes, if you are on a joint lease, you stay liable until the landlord expressly releases you (§ 421 BGB). If every room has its own lease, you are only liable for your own rent.

How do I get out of the lease properly?

You only get out of the lease with a written release from the landlord, ideally with a new tenant who joins the same lease. You have no right to a release, but landlords usually agree when someone who can pay the rent is ready to take over.

Can I end the joint lease on my own?

No, only all the tenants together can end a joint lease, and notice from you alone has no effect. If you want to leave the lease on your own, the landlord has to agree.

More on this

Also in this topic: WG: splitting rent and Nebenkosten fairlySubletting a room in Germany: what subtenants need to knowKaution in a student WG: who pays in, who gets it backAll guides: Shared flats & subletting

Are you leaving your WG soon?

Get your release in writing and record the condition of your room and the shared rooms. BildProof guides you through every room and creates a structured condition report.

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