Coordinating Flatshare Notice: Tenant Tips Germany
If you are a tenant in a shared flat (WG) in Germany and need to give notice under an index rent, good coordination helps meet deadlines and avoid conflicts. This text explains clearly which steps are necessary: how to formulate the notice, which deadlines apply, which forms and template texts are officially recommended and how to prepare documents for possible legal steps. The aim is to assign clear tasks among flatmates, ensure delivery and proof, and involve the competent local court (Amtsgericht) if necessary. Practical checklists and examples show how to write correct formulations and settle damages or rent payments until moving out. The information is based on German tenancy law and official guidance.
WG notice and index rent
With an index rent, the form of termination remains fundamentally the same: the notice must be in writing and observe contractual deadlines. The legal basis for tenant and landlord obligations is in the BGB §§ 535–580a [1]. In case of disputes, the local Amtsgericht has jurisdiction; appeals go to the Landgericht and leading case law is at the BGH [2].
Important deadlines and delivery
- Deadlines (deadlines): Check the contractually agreed notice periods and calendar-based deadlines carefully.
- Forms (form): Always give notice in writing, including date, signature and clear address details.
- Evidence (evidence): Send by registered mail or recorded delivery and keep proof of payment and dispatch.
Template notice: wording and forms
A clear template wording makes coordination among flatmates easier. Use official guidance and template texts as a starting point and adapt names, addresses, contract data and the termination date accordingly [3].
Example (template): "I hereby terminate the tenancy agreement between me and [landlord] for the dwelling at [address] at the earliest possible date. Please confirm receipt of this notice in writing."
In case of dispute: legal action
If a legal dispute arises, prepare complete documentation: tenancy agreement, handover records, proof of payments and the notice with dispatch receipts. The Amtsgericht usually decides tenancy disputes in the first instance; proceedings follow the Code of Civil Procedure (ZPO). Early advice and timely responses can be decisive in complex cases.
FAQ
- Can one flatmate terminate the shared tenancy alone?
- Only if the terminating flatmate is the sole contracting party or if there is a corresponding agreement; for jointly signed contracts all tenants or a common decision must govern termination.
- How must the notice be delivered?
- In writing and demonstrably, e.g. by registered mail with return receipt or by personal handover against signature; keep records.
- What is special about an index rent?
- An index rent regulates rent adjustments according to a price index; termination rules are governed by the BGB and the tenancy agreement, adjustments only affect rent calculation.
How-To
- Coordinate (deadline): Discuss the notice date in the flat and who will sign.
- Draft (form): Prepare the written notice and have it signed by the required persons.
- Send (evidence): Dispatch the notice with proof (registered mail) and document the dispatch.
- Document (court): Collect all evidence for potential legal disputes and check court jurisdiction.
Help and Support
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Federal Court of Justice (BGH)
- Gesetze im Internet (BGB and relevant provisions)
