WG: splitting rent and Nebenkosten fairly (2026)
WG: splitting rent and Nebenkosten fairly
Externally everyone is liable in full (§ 421 BGB), internally your agreement governs, and in doubt equal shares (§ 426 BGB).
You may agree any fair split: per head, by room size, or by consumption. The landlord is not bound by it, for them the contract is what counts.
§ 426 Abs. 1 BGBIn 60 seconds
Externally, under a joint tenancy each person is liable to the landlord for the whole rent (§ 421 BGB). They may pursue a single one of you.
Internally your agreement governs; without one, equal shares apply in doubt (§ 426 BGB).
Covering for a flatmate in arrears is not a kindness but performance of a joint debt: record who paid what, as the basis of your right of contribution.
Under the head-tenant-plus-subtenants model the head tenant alone carries the default risk towards the landlord.
The operating-cost statement arrives for the tenancy as a whole: check it together and split internally afterwards.
What the law says
As between themselves, joint and several debtors are liable in equal shares unless otherwise determined. Where a contribution cannot be obtained from one of them, the shortfall is to be borne by the others. Working translation; the German original is the binding text.
Two flatshare models, two liability positions
| Point | One joint tenancy | Head tenant plus subtenants |
|---|---|---|
| Who is the tenant? | everyone, equally | the head tenant only |
| Liability to the landlord | all jointly and severally (§ 421 BGB) | the head tenant only |
| Default risk | borne by everyone together | borne by the head tenant |
| Subletting | — | permission needed (§ 553 BGB) |
Ways to split the bill, and who each suits
| Key | How it works | Suits |
|---|---|---|
| Per head | everyone pays the same | equally sized rooms, communal costs |
| By room size (m²) | share = your m² ÷ total m² | rooms of different sizes (base rent) |
| By consumption | by recorded figures | electricity, hot water, where measurable |
How to check the statement itself is in Checking an operating-cost statement.
What it means for each side
- Agree the split together and put it in writing.
- Record every payment, that is what carries the right of contribution.
- Check the operating-cost statement together before splitting it internally.
- Handle a flatmate's departure in writing, not on a handshake.
- The flatshare's internal split does not bind you. The contract is what counts.
- Under a joint tenancy you may pursue a single person.
- You prepare the statement for the tenancy, not per room.
- A change of flatmate should be reflected in the contract.
Common mistakes
Externally each person is liable in full (§ 421 BGB).
Without evidence the right of contribution under § 426 BGB is hard to enforce.
It comes for the tenancy as a whole, check it together.
Without a proper contract change the wrong people may stay liable.
What to do next
Establish the contract position: one joint tenancy or a sublet?
Agree the split: per head, by square metres, by consumption, or a mix.
Write a flatshare agreement: who pays what share, by when, to which account.
Check the operating-cost statement together and handle changes of flatmate properly.
Frequently asked questions
In a WG, is everyone liable for the full rent?
If everyone is an equal tenant on the same lease, yes: you are liable as Gesamtschuldner (joint and several debtors, § 421 BGB). The landlord can demand the entire rent from any single one of you, but only once in total. If a flatmate doesn't pay their share, the landlord can turn to the others, who can then reclaim the amount internally (§ 426 BGB).
How do we split rent and Nebenkosten internally?
Freely, as long as everyone agrees. In case of doubt, i.e. with no other arrangement, an equal share applies to all under § 426 Abs. 1 BGB. Three keys are common and fair: per head (everyone equal), by room size (more m² means a bigger share), or by consumption (e.g. for electricity or hot water where it can be measured). Put the chosen split in writing.
What is the difference between a joint lease and subletting in a WG?
With a joint main lease (Hauptmietvertrag) everyone is a direct tenant and liable jointly and severally (§ 421 BGB). In a Hauptmieter–Untermieter WG only one person is the main tenant, who sublets rooms to the others (with permission under § 553 BGB). Then only the main tenant is liable to the landlord and carries the default risk if a subtenant fails to pay.
Who receives the Nebenkostenabrechnung in a WG?
The landlord issues one Nebenkostenabrechnung to the tenant party, the tenants named in the lease, or the main tenant. The WG handles the internal split between rooms itself, using the agreed key. The 12-month deadlines under § 556 Abs. 3 BGB apply to the tenant party, so check the statement together and in good time.
A flatmate moves out. Who is liable then?
As long as a flatmate is on the main lease, they remain liable, even after moving out, until released from the contract or the lease ends. A clean tenant swap (releasing the leaver and adding the successor via a contract amendment with the landlord) creates clarity. Settle the deposit and any open Nebenkosten internally at the same time.
- § 421 BGB
- § 426 BGB
- § 553 BGB
- § 556 BGB
- § 421 BGB, joint and several debtors (gesetze-im-internet.de)
- § 426 BGB, duty of settlement (gesetze-im-internet.de)
This page gives general information as at the date shown. It does not replace legal advice on an individual case.