Definition of a Shared Apartment

A shared apartment exists when several people live together without family ties – usually to save costs or enjoy communal living.

Definition of a Shared Apartment in Germany

A shared apartment (WG) exists when two or more people live together in one flat without forming a family or romantic partnership. It mainly serves to share housing costs and create a cooperative living environment. The term “shared apartment” is not a fixed legal term but is widely recognized in both tenancy law and everyday language. Typical WG residents are students, apprentices, or young professionals who value flexibility and social living.

Legal Classification and Contract Types

Because the term has no precise legal definition, the legal assessment of a WG depends primarily on the rental agreement setup. There are several possible models:

Main tenant with subtenants: One person signs the main rental agreement with the landlord and sublets individual rooms to other residents. The main tenant remains fully responsible toward the landlord.
Joint rental agreement: All residents are equal contract partners and are jointly liable for rent and damages.
Individual rental contracts: Each resident has a separate contract for their room while sharing common areas such as the kitchen and bathroom. This setup is common in larger WGs or professional rentals.

The chosen contract type significantly affects the rights and obligations of all parties, for example regarding termination, tenant changes, or liability.

Special Aspects of Tenancy in a WG

Living in a WG requires a high degree of coordination and agreement among the residents. Key topics include utility cost sharing, use of shared spaces, and changes of tenants. When one member moves out, landlord approval may be required – especially with joint rental agreements. Issues such as damage liability and deposit distribution should be clearly agreed upon within the WG.

For landlords, shared apartments are generally allowed as long as the flat is not overcrowded and is used as intended. A general ban on shared living in rental agreements is usually invalid.

FAQ Definition of a Shared Apartment

Is a shared apartment a legal entity?

No. A WG is not a legal entity but a living arrangement of multiple tenants. Only the individual rental agreements are legally relevant.

Can a landlord forbid a shared apartment?

A general ban is not allowed. However, the landlord can request information about the tenants and may object in cases of overcrowding.

Who is liable for damages in a WG?

If all tenants have signed a joint rental contract, they are jointly and severally liable. This means the landlord can demand full compensation from any one tenant.

Definition of a Shared Apartment