Coordinating Flatshare Termination for Tenants in Germany
Many tenants face the task of coordinating a flatshare termination: informing roommates, checking notice periods, and finding replacement tenants. In Germany, specific rental law rules determine deadlines and formal requirements in the BGB. This article explains in plain language how to prepare a flatshare termination practically, which documents and evidence are important, and how to proceed in case of disputes. The goal is that tenants can design the termination legally secure, avoid trouble and know when a court, such as the local Amtsgericht, becomes competent.[1]
What applies to terminating a room in a flatshare?
In a flatshare, termination can be more complicated than with single tenancy contracts. It depends on whether each person has their own lease or all are listed on the same contract. In general, the BGB requires written terminations and compliance with deadlines. If unsure, check the lease and talk to all parties before sending the notice.[1]
Notice period, form and recipient
- Check the contractually agreed notice period and the statutory rules.
- The termination must be in writing; emails are usually not sufficient.
- Address the termination to the landlord or property management named in the contract.
If multiple tenants are on the contract, signatures of all are often required. If one signature is missing, the landlord may challenge the termination; therefore: better to obtain all signatures.
Sample text for a flatshare termination (example)
There is no nationwide mandatory form for termination; under § 568 BGB a written termination is sufficient. A simple sample includes: date, names of all terminating tenants, address of the apartment, termination date, signatures. Attach a copy of the lease if there is uncertainty.[1]
Practical steps before sending
- Gather documents: lease, handover records, payment receipts.
- Check deadlines and set a backdated schedule for timely dispatch.
- Inform roommates in writing and collect signatures.
- Send the termination by registered mail or obtain proof of delivery.
If a roommate refuses, document your communication attempts and keep evidence. That helps in later legal disputes.
What to do in conflicts or payment defaults?
For disputes about termination or unpaid rents, local courts typically have jurisdiction; rental disputes often start at the Amtsgericht, with higher courts being the Landgericht and the Federal Court of Justice for precedent-setting issues. Eviction proceedings follow procedural rules of the ZPO; act early to limit deadlines and costs.[2][3]
Handover and return of the deposit
- Do a joint handover protocol with photos showing condition and meter readings.
- The deposit must be settled according to the contract; keep payment receipts.
FAQ
- Who can terminate in a flatshare?
- It depends on the lease: If all roommates are jointly on the lease, usually all signatures are required; with individual leases each can terminate for themselves.
- Which notice periods apply?
- Generally the contractually agreed notice periods or the statutory periods under the BGB apply; check the lease and § 568 BGB.
- What if a roommate refuses to move out?
- The landlord may file an eviction claim at the local court; seek legal advice and document everything.
How-To
- Check the lease and note the notice periods.
- Inform all roommates and secure signatures.
- Draft the written termination with date and signatures.
- Send termination by registered mail or obtain delivery confirmation.
- Prepare a handover protocol at move-out and photograph damages.
Key Takeaways
- Written notice and adherence to deadlines are essential for tenants.
- Documentation (protocols, photos, payments) protects in disputes.
