May 29, 2026, 3:18 pm | Read time: 3 minutes
A milestone in many relationships is moving in together. Some couples look for a new apartment, while others have one partner move into the other’s place. But can the partner just move in like that? myHOMEBOOK spoke with attorney Nicole Mutschke. She explains what to do when this joint step is on the horizon.
Couples moving into a new apartment together usually have both names added directly to the lease. However, when one moves into the other’s apartment, there are several things to consider.
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Can the Partner Just Move In?
In principle, there’s nothing against a partner moving in, as long as the landlord is informed. According to Section 540, Paragraph 1 of the German Civil Code, a life partner is considered a third party. For unmarried couples, consent is required. The owner or management can decide if moving in together is possible. If married, often just the marriage certificate suffices as information.
Who Is Considered a Third Party, and Who Isn’t?
According to the German Civil Code, a life partner is considered a third party. Close family members like parents or children, however, are not. They can move in without the landlord’s consent, as can the aforementioned spouse.
How Should You Proceed?
If you want your partner to move in, attorney Nicole Mutschke advises sending a brief email to the property management or landlord. It should include the partner’s name and the planned move-in date. Then, wait for approval.
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On What Grounds Can Moving In Together Be Denied?
Mutschke says: “There are only a few cases where a partner’s move-in is not permitted. A refusal may be justified if the person has repeatedly disturbed the peace or if the apartment would be overcrowded. It is not sufficient if the landlord simply says: I generally don’t want more residents.”
By the way: What does overcrowding mean? A property management can object due to overcrowding if the apartment only has enough space for one person and adding another would result in insufficient room for a reasonable quality of life.
If the Partner Moves In Without Permission
What happens if you don’t report the other person’s move-in? The attorney explains: “Allowing a partner to move in without permission risks legal consequences in extreme cases. Practically, this rarely happens just because of the move-in. Usually, the landlord first requests that consent be obtained. If the tenant ignores this, a warning and possibly an eviction notice may follow.”
Also interesting: Tips for setting up the first shared apartment
The Partner Has Moved In – Adding to the Lease?
According to the attorney, it can be beneficial to have the partner added to the lease after moving in. This way, they also gain rights under the contract, and both are jointly liable for rent debts if necessary.
If a breakup occurs, adding the partner to the lease can also become a hindrance, according to Mutschke. The partner cannot easily be removed from the lease. In this case, it must be decided who will take over the apartment, and this must also be discussed with the property management. Simply moving out does not release one from the obligation to pay rent.