Immosearch Immosearch
Sign up

Cancel
KI-Symbolbild: Ein Kleiderschrank mit Mänteln in verschiedenen Stilen neben einem Fenster mit Blick auf schneebedeckte Berge.
Practical article Renting & everyday living Austria

Partner moves in: Distinguishing shared living from a joint tenancy

You are currently the sole person named on the tenancy agreement; in future you would like the flat to be used by two people. A shared household and a shared contractual position, however, are two different decisions.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Austria
For whom
Everyone
Article ID
WV26-01-005

You are currently the sole person named on the tenancy agreement; in future you would like the flat to be used by two people. A shared household and a shared contractual position, however, are two different decisions. Before you divide costs and tasks, you should know which solution you are actually aiming for.

Use the existing contract as a starting point

Have the current tenancy agreement and any existing addenda ready. Who is a party to the contract, how is the flat described and what arrangements have already been made? Our editorial recommendation: alongside those documents, first describe only your wish. Is another person to move in, to be added to the existing main tenancy agreement, or is a different arrangement planned?

The official Austrian information for domestic partnerships states that the inclusion of the life partner (Lebensgefährtin or Lebensgefährte) in the main tenancy agreement requires the landlord’s consent. If included accordingly, equal rights and obligations under the contract arise. [PARTNER] A shared everyday life or an internal cost contribution does not replace this procedure.

Discuss the consequences of the desired solution

Consider why you want a joint contractual position. Is it about accountable responsibility, longer-term planning or financial participation? Also clarify what would need to be regulated if one person moves out later. An agreement between yourselves is not automatically the landlord’s declaration of a later release.

Even without inclusion in the main tenancy agreement, the concrete arrangement can raise legal questions. The official information distinguishes several living constellations. [PARTNER] Whether a particular cost arrangement in your case constitutes a subtenancy or something else should not be decided solely by the heading of your private note. If in doubt, you need an appropriate individual classification.

Contact the landlord with a clear question

If you want to join the contract, state that wish precisely and ask about the procedure envisaged. Do not use unclear formulations such as flatmate, subtenant and main tenant for the same person at the same time. Check any addendum you receive to see which persons and which flat it concerns and from when the change is to take effect.

Share only information that is necessary for the specific request. Private family or health records do not belong in the message as a precaution. Which details are actually required for the review will be clarified in the procedure provided. Any outstanding response should also remain open in your joint planning.

Example: Half paid, but no addendum

Lena moves in with Samir and transfers to him a monthly agreed share. Both wish later to be able to continue using the flat independently. When they put the paperwork in order, they find no contractual addendum naming Lena as a main tenant. Instead of treating the payments as proof of joining the contract, they make a clear enquiry and have the desired arrangement explained.

Document moving in and contractual change separately

Record practical moving-in steps and contractual decisions in separate notes. Expenditure on furniture, an internal cost distribution and participation in the deposit each require a comprehensible reference. This article does not clarify registration obligations, consequences for marriage or rights of accession in the event of death. Its result is narrower: you can state clearly who currently bears the tenancy agreement and which change still actually needs to be agreed.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.