> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/beteiligte/mieter.md).

# Tenant

This page provides guidance on selecting the tenant in a tenancy.

As a rule, the tenant, and therefore the landlord's contracting party, is the person or people named as the tenant in the rental agreement and who have signed it. The following should be noted:

* **Name all tenants correctly:** Pay attention to correct spelling. Please check under "[Parties](/en/anleitung/beteiligte.md)" whether the tenant's name and address are stated correctly.
* **Include several contracting parties:** A rental unit is often occupied by several people; all of them should be named as **contracting parties** in the rental agreement.
* **Minimise the risk of rent default:** Where there are several tenants, they are all **jointly and severally liable** for the rent (Section 421 BGB).
* **All contracting parties have to sign:** Only tenants who sign are legally bound by the rental agreement.
* **Security where income is low:** If tenants have **low income** (for example students or trainees), a **guarantor** (for example a parent) should be included.
* If a rental agreement is created directly from a **viewing**, Immodio automatically transfers all applicants into the rental agreement process as tenants. The data is entered by the applicant themselves. As the landlord you should check the data for accuracy.

You have to ensure that all the people named in the rental agreement actually sign it. Where a rental agreement has been signed by several tenants, they are jointly and severally liable under Section 421 BGB for all obligations arising from the tenancy. As the landlord you can therefore assert payment claims against all contracting parties (tenants).

If you let to a person with a low income (for example students or trainees), it is advisable to include at least one contracting party as a guarantor (for example a parent) in the rental agreement.

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<summary><strong>Several people in the rental agreement</strong></summary>

Where several people, for example spouses, are named as tenants in the rental agreement but only one of them signs it, the question arises of who actually counts as the tenant.

In principle only the person who signed the contract is legally regarded as the tenant, since the signature constitutes agreement to the contractual terms. With spouses, however, there can be exceptions:

Courts have ruled that a spouse who did not sign can also be a tenant if the circumstances indicate that both intended to be parties to the tenancy.

Indications of this include:

* both spouses are named as tenants in the text of the contract
* the contract negotiations were conducted jointly
* the apartment was handed over to both of them together
* the handover report was signed jointly

Immodio generally recommends, however, having a rental agreement with spouses signed by both contracting parties.

</details>

<details>

<summary><strong>The tenant is a minor</strong></summary>

When letting to minors, note that the rental agreement is invalid without the consent of their legal representative (usually the parents) (see the rules on the legal capacity of minors, Sections 104 ff. BGB).

* A rental agreement can only be validly concluded with the consent of the legal representatives. This consent can be given by approval before the rental agreement is concluded.
* Consent can also be given afterwards by ratification.
* To ensure the consent of those with authority to represent the minor, Immodio recommends always having the rental agreement approved by the parents in such cases. Use the template **"Consent to a rental agreement for minors"** under [**Templates**](/en/anleitung/vorlagen.md) for this\*\*.\*\*
* Alternatively the parents can also be included in the rental agreement as tenants.
* If only one parent is listed as a contracting party, the contract is only valid if the signing parent was authorised by the other parent to act in their name as well.
* If custody lies with only one parent or with a third party (for example another relative or a guardian), only their consent is necessary. In such cases Immodio strongly advises you to have appropriate evidence presented and to keep it in Immodio.

</details>

### Tenants with a low income <a href="#mieter-mit-geringem-einkommen" id="mieter-mit-geringem-einkommen"></a>

If you let to a person with a low income (for example students or trainees), it is advisable to include at least one further contracting party (for example a parent) in the rental agreement. You can find further guidance under **Guarantors**.