The solidarity rent is a good way for young couples and flat-sharing communities in particular to be able to afford their dream home. This is a co-tenancy in which the costs are borne jointly. In this article, you can find out more about the special features of a solidary rent, the difference to a sublet and possible pitfalls with this rental model.
Special features of the solidary rent
Solidary rent means that all tenants sign the tenancy agreement together. These are, for example, all members of the shared flat (WG). Anyone named as a tenant on the tenancy agreement has the same rights, but also the same obligations as all other tenants. For the landlord, the solidary rent means more security.
If one of the tenants does not pay his share, all other tenants must be liable to the landlord for the full amount of the rent. In addition, the landlord has the right to terminate the contract with all members of the shared flat if payment is not made on time, provided he has issued a warning beforehand. In practice, the other solidary tenants often advance the missing costs to the defaulting member of the tenancy agreement.
As the landlord has to communicate with all tenants at once in the case of a solidary rent, rent increases or notices of termination must also be signed by all parties. Individual letters are also permitted as long as the landlord receives a letter from each member of the community of solidarity. For tenants, this means that it is easier to defend themselves against an increase in rent or a termination, as the lack of consent means that the process can be postponed or contested.
If one of the flatmates is absent for a longer period of time, they should issue their flatmates with a power of attorney for matters relating to the tenancy.
Another special feature of solidary rent is that decisions must always be made jointly. In urgent matters such as a burst water pipe, individual tenants may also act individually, but should submit a power of attorney from the other flatmates if possible.
It is also important to note that the tenancy agreement can only be terminated jointly in the case of a joint tenancy. Individual flatmates cannot withdraw from the contract on their own initiative. An exception can be made if the landlord agrees to the exit in writing.
The difference between solidary rent and subletting
Many couples and flat-sharing communities are faced with the question of whether they should opt for a solidary rent or a sublet. This question also arises for the landlord, who often prefers subletting in order to have less work.
In the case of subletting, a main tenant signs the contract and thus also assumes liability for any loss of rent or defects that his or her roommates may cause. The flatmates are subtenants of the main tenant and have a contract with him, but not with the landlord.
Caution: Subletting is not always permitted! As a tenant, you should make sure that this is permitted in the tenancy agreement or ask the landlord for written permission before accepting subtenants.
For the main tenant, the sublease therefore means a lot of responsibility. At the same time, many landlords prefer to sublet rather than pay a fixed rent. This is because when subletting, the landlord only needs to be in contact with the main tenant, who coordinates with the other tenants.
Solidary rent: Pitfalls and tips
If you are faced with the choice of whether or not to accept a solidary tenancy, you should be aware of these potential pitfalls:
Transferring the rental agreement to another name
The landlord does not have to allow the tenancy agreement to be transferred to another name. So if a member of the shared flat wants to move out and suggests a replacement, this is not always possible. If the landlord agrees to the transfer of the contract, he has the option of increasing the initial rent at the same time, as this is a new contractual relationship. This can therefore lead to additional costs for the flat-sharing residents.
Specify in the solidary rental agreement that you may contest the rent increase in the event of a contract override. You can also always seek advice from a specialist.
Exchange of a roommate
Some shared flats decide to take in a new flatmate without any red tape. However, if this is not changed in the joint tenancy agreement, the previous flatmate remains liable, even if they have long since moved out. Legally speaking, the new flatmate is a subtenant, which is not always permitted.
A good relationship with the landlord is worth its weight in gold. Because if the landlord voluntarily agrees to enter the new solidary tenant in the tenancy agreement and delete the old one, an unbureaucratic and legal solution can be found.
Deposit for solidary rent
Another pitfall is the deposit, as this is due to the tenant who has paid the sum when a solidary tenancy is terminated. This is normally a blocked account in the name of the tenant in question. To ensure that all flatmates get their share of the deposit back, you should draw up a written agreement. This must clearly show who has contributed what share of the deposit in order to distribute the shares fairly when moving out.
Keep a written record of all important provisions in the joint tenancy so that you have a document to hand in the event of a dispute.
Termination in a cohabitation relationship
If couples claim the solidary rent, this is known as a cohabitation relationship. If there is a separation, termination by just one of the co-tenants is not possible, as the termination must always be made jointly in the case of a joint tenancy. Both partners remain liable for the rent and the condition of the rented property even after a separation.
If the landlord agrees to release the partner moving out from the joint tenancy agreement, the agreement is transferred to the remaining cohabiting partner. This involves an assumption of debt, which should also be confirmed in writing.
Do you have any further questions about solidarity rent or would you like support in finding a tenant or a rental apartment? Contact us, we will be happy to advise you!
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