Shared-Flat Deposit When a Roommate Leaves: Who Pays Back Whose Share?

When one roommate in a flat-share with a joint lease moves out while the others stay, confusion about the deposit almost always follows. The departure only affects the internal arrangement among the flatmates, not the lease with the landlord. Anyone wanting their share back therefore usually won't get it from the landlord, but from the remaining flatmates or the person taking their place.

Why the landlord doesn't pay out individual shares

When several tenants have signed a lease jointly, the deposit legally counts as a single, unified security for the whole tenancy, not as a sum of individual deposits. Under the general rule for multiple creditors of an indivisible obligation in Section 432 BGB, the landlord, as the debtor of the repayment, can generally only pay out to all the entitled parties together as long as the lease with all of them continues. As long as the flat-share remains the contracting party facing the landlord, the deposit therefore stays with the landlord, or in the deposit account, until the entire tenancy actually ends. The landlord generally cannot, and should not, pay an individual leaving flatmate their share in advance, because doing so would require the consent of all the other tenants.

The fix lies within the flat-share itself

The departing flatmate's claim to their deposit share is therefore really a claim against the remaining flatmates, not the landlord. In practice, this is usually settled through the incoming replacement: when a new person moves into the vacated room, they pay their share of the original deposit directly to the person leaving, rather than paying a fresh deposit to the landlord. That way, the total deposit held by the landlord stays unchanged, while the settlement happens among the flatmates themselves. The deposit guide from kautionsfrei.de also describes this incoming-tenant settlement as standard practice in shared flats.

When no replacement moves in right away

If no successor is ready to take over the share immediately, the remaining flatmates have to front the money themselves if they don't want to keep the departing person waiting until the whole tenancy ends. Legally, nobody is obliged to front that money without an agreement to that effect. That is why a written arrangement within the flat-share from the start helps, whether in the shared-housing agreement or a separate deposit agreement, spelling out how the deposit share is handled when someone moves out, even when no replacement is standing by.

Why an internal deposit agreement within the flat-share makes sense

Such an agreement should record who originally paid which share, how the value of a share is calculated at a later departure, and whether any eventual deductions by the landlord at the end of the whole tenancy are split proportionally among everyone who was ever part of the flat-share, or only among those still living there when the final refund happens. Without such a rule, there's a risk that a flatmate who left long ago still shares liability for damage that occurred only after they moved out, or conversely never gets their share back because the remaining flatmates see the split differently. The shared-flat lease guide from Immowelt likewise recommends putting such details in writing.

What to settle when a roommate changes

Before someone moves out, a short written settlement is worth doing: how large was the departing person's original share, are there already known damages that might later be deducted from the total deposit, and does the incoming tenant actually take over the full share or only part of it. This settlement should be signed by all current flatmates and the departing one, so there is later clarity about who held which share and when.

Conclusion

When a roommate changes in a flat-share with a joint lease, the deposit stays untouched with the landlord until the entire tenancy ends. The departing flatmate gets settled through the remaining flat-share or the incoming tenant, most cleanly with a written internal agreement that spells out from the start how a share is calculated and paid out at a later departure.

Frequently Asked Questions

Do I get my deposit share back from the landlord when I leave a flat-share?

Usually not, as long as the joint lease with the other flatmates continues. The landlord only pays out the deposit once the entire tenancy ends.

Who pays back my share instead?

Usually the incoming tenant who moves into your room and transfers the corresponding share directly to you, or the remaining flatmates if no replacement is ready yet.

What if no replacement can be found?

Without an internal agreement, the remaining flatmates have no automatic obligation to front the money. A written arrangement within the flat-share creates clarity here.

Am I still liable for damage that happens after I move out?

Toward the landlord, the whole deposit remains a joint security for the entire tenancy. An internal agreement should therefore specify from when you're released from shared liability for new damage.

Why can't the landlord simply pay out shares proportionally?

Because the deposit is legally a single, unified security for all tenants together. Under the rule for multiple creditors in Section 432 BGB, the landlord can generally only pay out to everyone jointly.

Anyone looking for a new shared flat or a room of their own can browse current listings on Waitly. For the basics of a shared-flat lease, see WG-Mietverträge: Essential Guide for Shared Housing. How subletting a room in a shared flat affects taxes is covered in WG-Mietvertrag Muster: Essential Guide for Tenants. If a new flatmate is joining instead, see Mietvertrag: Tips for Shared Apartments With Owner. For the clauses a shared-flat lease template should really include, see WG-Mietvertrag PDF: Essential Guide for Shared Housing.