Co-Living & Shared Room Agreement (Germany)
A co-living / shared-flat room agreement for Germany (Wohngemeinschaft), covering a private room plus communal areas, shared bills, and the choice between joint and several liability. It addresses house conduct and licensing where the property functions as multi-occupancy housing.
What's included
- Private room plus shared communal-area use
- Joint-and-several vs. individual room-by-room liability options
- Shared bills and operating-cost apportionment
- Deposit capped at three months' net cold rent per contract
- House conduct, cleaning rota and quiet hours
- Replacing / adding co-residents (Nachmieter) process
- Subletting consent and misappropriation compliance
- Registration support and signature block
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🇩🇪 Local law notes — Germany
German flat-shares (Wohngemeinschaften) are residential tenancies under the BGB whether set up as one joint tenancy (with gesamtschuldnerische Haftung for the whole rent) or as separate per-room tenancies (each liable only for their room). The deposit per contract is capped at three months' net cold rent (§ 551 BGB) and the tenant notice period is three months (§ 573c BGB); partial subletting cannot be unreasonably refused where the tenant has a legitimate interest (§ 553 BGB). Germany has no single nationwide HMO licence, but municipal misappropriation-of-housing rules (Zweckentfremdungsverbot) and local occupancy limits can restrict commercial room-by-room letting.
Inside the document
1. Parties and Structure
This shared-flat agreement (WG-Mietvertrag) is between the Landlord [name] and the Resident(s) [names] for a room in the flat-share at [address]. State the model: (a) one joint tenancy for all residents, or (b) separate individual tenancies per room with shared communal areas.
2. Private Room and Communal Areas
The Resident has exclusive use of Room [no.] and shared use of the kitchen, bathroom(s), hallway and living area. Communal areas are used considerately and kept clean on the agreed rota.
3. Liability Model
Under a single joint tenancy, all residents are jointly and severally liable (gesamtschuldnerische Haftung) for the whole rent and obligations. Under separate room tenancies, each Resident is liable only for their own room's rent and their share of communal costs. The chosen model is [ ].
4. Rent, Shared Bills and Operating Costs
The room rent is net cold rent of € [ ] plus a share of operating costs (Betriebskosten/Nebenkosten) and shared utilities [electricity, heating, water, internet] apportioned by [heads / room size]. Advance payments are reconciled annually under § 556 BGB; the Mietpreisbremse applies in regulated areas.
5. Deposit (Kaution)
The deposit per tenancy may not exceed three months' net cold rent (§ 551 BGB), may be paid in three installments, and is held in a separate account, refundable with interest after inspection less lawful deductions.
6. Adding or Replacing Co-Residents
In a joint tenancy, swapping a co-resident (Nachmieter) requires the Landlord's written consent; the Landlord may not unreasonably refuse a suitable replacement where residents have a legitimate interest. In separate tenancies, the Landlord selects new occupants for vacated rooms.
7. Subletting
Subletting a room or bed requires the Landlord's prior written consent (§ 540 BGB); consent to a partial sublet may not be unreasonably withheld where the Resident has a legitimate interest (§ 553 BGB). Short-term holiday subletting is not permitted.
8. House Conduct and Cleaning
Residents follow the house rules (Hausordnung), a shared cleaning rota, statutory quiet hours (Ruhezeiten), and respectful communal conduct. Guests are the responsibility of the hosting Resident. Repeated serious breaches are grounds for warning and termination.
Frequently Asked Questions
Is a German WG room a tenancy or a licence?
A residential tenancy under the BGB. Whether structured as one joint tenancy or separate room tenancies, each resident with a private room enjoys tenant protection, the § 551 deposit cap and the § 573c three-month notice right.
What's the difference between joint and separate WG contracts?
In a single joint tenancy all flatmates are jointly and severally liable for the full rent, and swaps need landlord consent. In separate room tenancies each resident is liable only for their room and share of bills, and the landlord fills vacated rooms individually.
Do shared flats need special licensing in Germany?
There is no nationwide HMO licence, but cities' misappropriation-of-housing rules (Zweckentfremdungsverbot) and local building/occupancy limits can restrict room-by-room commercial letting. Operators should confirm compliance with the relevant municipal Zweckentfremdungsgesetz and overcrowding standards.