Primary tenant

The primary tenant is the person or group of people who has entered into a lease agreement directly with the landlord for a residential or commercial property and is therefore the landlord’s contractual partner. All rights and obligations arising from the tenancy-including rent payment, maintenance, duty of care, and cosmetic repairs-apply to the primary tenant. This term distinguishes the main tenant from the subtenant, who does not contract directly with the owner but with the main tenant.

Legal Status of the Main Tenant

As the landlord’s contractual partner, the main tenant enjoys the full protection of German tenancy law (Sections 535 et seq. of the German Civil Code (BGB)). They have the right to undisturbed use of the rental property, a claim to maintenance by the landlord, and protection against termination without notice without good cause. At the same time, they bear full responsibility for timely rent payment and for damage caused to the rental property by them or by persons they have admitted (subtenants, visitors).

Primary Tenant and Subletting

The primary tenant may generally not sublet the apartment without the landlord’s permission (Section 540 BGB). However, if they have a legitimate interest (e.g., financial hardship, moving in a partner), they may request permission; the landlord may only refuse it for good cause. The primary tenant remains fully liable to the landlord even in the case of subletting-that is, he is liable for damage caused by the subtenant as well as for his own damage.

Multiple Primary Tenants - Joint Liability

If multiple people have signed the lease (e.g., a shared apartment or a married couple), all parties to the contract are primary tenants and are jointly and severally liable: Each can be held responsible for the full rent and for damages, regardless of who actually caused the damage. If a tenant leaves the shared apartment, they remain liable until the landlord releases them from the lease.

Practical Tip for Landlords in Nuremberg and Franconia

We recommend that landlords in Nuremberg and the surrounding region exercise particular caution when tenants change in shared housing situations: A tenant’s departure and a new tenant’s arrival should always be documented by a written amendment to the lease to clarify who is the primary tenant and from what date. In addition, a credit check (SCHUFA report) should be standard practice before signing a contract. We help you draft legally sound lease clauses that protect your interests as a landlord.

Frequently Asked Questions

Can the primary tenant transfer their rights under the lease to someone else?

No. The tenancy is personal; transferring the status of primary tenant to a third party without the landlord’s consent is not possible. Upon the death of the primary tenant, the spouse or other household members assume the lease pursuant to § 563 BGB.

What happens if the primary tenant fails to pay rent?

The landlord may terminate the lease without notice if two consecutive monthly rent payments are missed (Section 543(2) of the German Civil Code (BGB)). If there are multiple principal tenants, the landlord may demand the full rent from each individual (joint and several liability). The tenant is only required to move out after a final eviction judgment has been issued and enforced.

Can the landlord prohibit the primary tenant from taking in a life partner?

No. Taking in a spouse, registered partner, or a child does not require the landlord’s permission. For other close relatives (partner, parent), the tenant may also request permission if they can demonstrate a legitimate interest.

Primary Tenants in Nuremberg’s Student Districts - A Special Situation

In student neighborhoods such as Nuremberg-Gostenhof, St. Johannis, or near the Friedrich-Alexander University of Erlangen-Nuremberg, shared living arrangements with multiple primary tenants are particularly common. Here, residents change regularly, leading to legal challenges: Who is the primary tenant, who is moving out, and who is moving in? How is the security deposit divided?

We recommend that landlords in these areas include clear provisions for tenant changes in shared apartment leases. A clause requiring new roommates to be approved by the landlord and to sign a sublease agreement protects against uncontrolled tenant turnover. The return of the security deposit should be postponed until the final move-out date, when all tenants have moved out and the apartment has been fully inspected.

Overview of the Primary Tenant’s Obligations

The primary tenant bears comprehensive responsibility toward the landlord that goes beyond simply paying rent:

• Cosmetic repairs: To the extent validly agreed in the lease agreement, the primary tenant must perform certain renovation work upon moving out. However, many clauses have been rendered invalid by the case law of the Federal Court of Justice; it is worth reviewing these.
• Duty of care: The primary tenant must treat the apartment with care, report necessary minor repairs, and not exacerbate obvious defects.
• Duty to tolerate: In the case of modernization measures, the primary tenant must grant the landlord access and tolerate the work within the limits of the law.
• Duty to report: Damage that could cause deterioration of the rental property (e.g., water damage, mold) must be reported to the landlord immediately. Anyone who fails to do so and thereby causes the damage to increase is liable for the additional costs.

Principal Tenant in Commercial Use

The term “principal tenant” applies not only to residential properties. In commercial lease agreements-such as for stores, offices, or medical practices in Nuremberg-the principal tenant is the party who signed the contract with the owner or landlord. However, commercial tenancy law offers significantly less tenant protection than residential tenancy law: notice periods, rent increases, and contract clauses can largely be agreed upon freely. A commercial principal tenant should therefore always have the lease reviewed by an attorney before signing, particularly regarding the term, renewal options, operating cost provisions, and renovation obligations.

Anyone in the Nuremberg metropolitan area who, as a landlord or tenant, has questions regarding lease agreements-whether residential or commercial-can contact our team for an initial assessment. If needed, we can also refer you to specialized real estate attorneys in the region.

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