A WG Main Tenant Moves Out: Why the Liability Doesn't End With Them

When every resident of a shared flat is listed jointly as a main tenant on the lease, the contract doesn't automatically end just because one of them moves out. The problem: the person leaving typically stays liable until there's a written agreement with the landlord and the remaining co-tenants, even if they've long since moved into a new place.

Why the Contract Keeps Running When One Co-Tenant Leaves

A single co-tenant can't terminate a jointly held lease on their own, and so can't exit the contract on their own either. Amending the contract to release one person from the tenancy requires everyone's consent: the landlord and every co-tenant named on the lease. German law doesn't provide for an automatic swap of main tenants, even when the apartment was clearly rented out to a shared flat in the first place.

Liability Under § 421 BGB Doesn't Go Away

When several people are jointly named on a lease, they're joint and several debtors under § 421 BGB: the landlord can demand the full rent from any single co-tenant, not just a proportional share. For the person moving out, that means concretely: without a signed release from the lease, they remain liable to the landlord for the entire rent, even if the remaining roommates have privately agreed to cover it themselves. The landlord isn't obligated to release the departing tenant, and in practice sometimes refuses to, for instance because they'd rather keep an extra solvent debtor on the hook.

How a Tenant Swap Actually Works in Practice

For the exit to take legal effect, you need either a three-way contract amendment that explicitly releases the departing tenant from liability, or an entirely new lease with the remaining and any incoming residents. Either way requires the landlord's signature. If the landlord won't agree to that, the remaining option is often subletting the vacant room under § 553 BGB, which the landlord may only refuse for good cause, for example if it would result in the apartment being overcrowded.

What Matters for New and Remaining Roommates

Anyone being added to an existing shared-flat lease should insist on a written amendment listing everyone's current name, rather than relying on a verbal arrangement with roommates alone. Remaining roommates should also confirm whether the departing tenant was actually released in writing, because otherwise that person no longer owes anything internally for ongoing costs, but the landlord can still hold everyone jointly responsible if another co-tenant stops paying rent.

Conclusion

A WG main tenant moving out ends neither the lease nor their liability automatically. Only a written agreement with the landlord and all co-tenants releases them, which is why a clarifying conversation with the landlord is worth having before the boxes get packed.

Frequently Asked Questions

Does the lease end when a main tenant moves out of a WG?

No. Without a written contract amendment, the joint lease continues unchanged with all originally named tenants.

Is a tenant who has moved out still liable for rent?

Yes, as long as there's no written release from the lease. As a joint and several debtor under § 421 BGB, the landlord can demand the full rent from them too.

Does the landlord have to agree to a tenant swap?

No, there's generally no obligation to. The landlord can refuse both a release from the contract and a new lease.

Is there an alternative if the landlord won't allow a tenant swap?

Often the only option left is subletting the vacant room under § 553 BGB, which the landlord may only refuse for good cause.

How a notice period at move-out is generally calculated is explained in what really counts when you move out. The rights and duties that apply during apartment viewings in that period are covered in tenant obligations for apartment viewings.

More on shared living: Add a Roommate to Mietvertrag: Landlord Permission Needed, Bringing a New Roommate Into Your Shared Flat: What the Landlord Can Actually Demand and WG Housing: A Guide to Shared Living in Germany.