Canceling a Shared Lease: Tenants in Germany

As a tenant in a shared apartment (WG) in Germany, you face practical and formal questions when terminating your tenancy: who signs, which deadlines apply, how to document handovers and what happens to the security deposit? This guide explains in plain language the rights and duties of flatmates, how to structure a correct termination letter and which practical steps you should take now. The guidance refers to German laws and courts and includes sample elements, procedural advice and indications of when a local court or higher instance may become relevant.^[1]

When and how can a flatmate terminate?

In principle, a tenant may terminate their lease properly if contractual or statutory deadlines are observed. In a shared flat it is important to determine whether the contract names tenants individually or is a joint main lease. If tenants are named individually, each may terminate their own tenancy; if joint liability applies, the whole group may need to act or find a replacement tenant. Clarify the contract type before terminating and inform all affected persons in writing.

Formal requirements for the termination letter

An effective termination letter should state the intent to terminate, the tenancy details (address, landlord name, tenant name), the date of receipt and the desired end date. The termination must be in writing and signed by the terminating tenant. Keep proof of delivery (e.g., registered mail).

• Deadline: Check the contractual notice period or the statutory period to ensure a legally secure end date.
• Written form: The termination must be signed and submitted as an original; electronic signatures are usually not sufficient.
• Proof of receipt: Send the termination by registered mail or obtain a written confirmation of receipt to avoid later disputes.

Template elements for a termination letter

A short clear template contains the following details and can be adapted to your situation:

• Sender: Name of the terminating flatmate, address
• Recipient: Landlord with address
• Date and subject: "Termination of the tenancy for [address]"
• Termination text: Clear sentence such as "I hereby terminate the tenancy with you as of [date]."
• Signature: Handwritten signature of the terminating flatmate

Handover, replacement tenants and deposit

Plan a handover appointment early with a protocol (meter readings, damages, key return). If a replacement tenant is needed, coordinate with landlord and flatmates. The deposit is returned after termination and settlement of operating costs, minus legitimate landlord claims.

• Repairs: Document minor repairs and damages and, if necessary, fix them before handover or note them in the handover protocol.
• Handover protocol: Create a detailed protocol signed by all parties.
• Keys: Agree on a concrete time for key return and document it.

When is a court involved?

If landlord and tenant disagree about termination reasons, damages or deposit repayment, the local court (Amtsgericht) may be competent; higher courts such as the regional court or the Federal Court of Justice decide in appeals or revision cases.^[2]

FAQ

Can I as a single flatmate terminate my part of the lease?

That depends on the lease: if the contract names individual persons, individual termination is possible; with joint liability the WG arrangement must be examined.

Do I have to provide a replacement tenant?

Only if the lease or an agreement requires it. Often an amicable solution with the landlord is possible, but there is no statutory obligation unless contractually agreed.

How long does deposit repayment take?

Repayment can occur after final settlement of operating costs; there is no fixed statutory deadline, but it must be processed within a reasonable period.

How-To

1. Check your contract to determine whether you are named individually or jointly.
2. Calculate the notice period and set a concrete end date for the tenancy.
3. Draft the termination letter including address, date, subject, termination sentence and handwritten signature.
4. Ensure delivery proof by sending registered mail or obtaining confirmation of receipt.
5. Arrange a handover appointment, prepare a protocol and agree on deposit settlement.

Help and Support / Resources

• Gesetze im Internet: BGB (Civil Code) – tenancy sections
• Gesetze im Internet: ZPO (Code of Civil Procedure)
• Federal Court of Justice (BGH) – official site

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – Official Court Site