Coordinating WG Termination: Tenant Rights Germany
If a roommate leaves a shared flat or several moves are planned, tenants in Germany need clear steps: check deadlines, agree responsibilities and deliver written terminations correctly. This guide explains in plain language what tenants' rights are, which deadlines from the lease or the BGB apply[1], how to draft a clear sample termination letter and what to do if the landlord reacts differently to individual terminations. The tips help avoid conflicts, plan joint procedures and, if necessary, prepare legal steps. At the end you will find FAQs, a step-by-step instruction and official resources for forms and court information.
Rights and Deadlines for WG Termination
In shared flats, general tenancy law rules apply: terminations should be in writing, deadlines are contractually or legally regulated and the landlord's address must be correct. First check the lease: is the WG on a joint contract or are there several separate subleases? With a joint contract often only a joint termination is possible; with individual contracts each termination ends that tenant's relationship.
Key Points
- Check deadlines: determine statutory and contractual termination periods as well as the start and end of the tenancy.
- Ensure written form: terminations must be signed on paper and dated by hand.
- Correct recipient: send the termination to the landlord or property manager, not only to individual roommates.
- Return condition and deposit: agree on a handover protocol and arrangements for the deposit refund.
Explaining the Sample Termination Letter
A clear termination letter should include: full name of the terminating tenant, apartment address, contract number or move-in date if available, explicit termination intention, date of receipt and signature. Also state the desired end of the contract (e.g. at the end of the contractual notice period) and offer to assist with the handover.
Short example structure
- Sender: name, current address, phone number.
- Recipient: landlord or management name and address.
- Termination text: "I hereby terminate the tenancy for the apartment ... effective ..." with date.
- Signature: handwritten and dated.
When the Local Court Becomes Relevant
If there is a dispute over return, deposit or eviction, the local court (Amtsgericht) is responsible for tenancy disputes and eviction claims. Before filing a suit, tenants should collect all documents: lease, termination letter, handover protocols, photos and communication with landlord or roommates. Legal foundations are found in the BGB and the ZPO[1].[2]
Practical Steps Before Termination
- Coordinate within the WG: clarify who moves out when and how shared duties are redistributed.
- Check the lease for special provisions or staggered rents.
- Draft the termination in writing and obtain proof of receipt.
- Prepare the apartment handover, create a protocol and document damages with photos.
FAQ
- Who can terminate in a WG?
- With individual tenancy agreements, each tenant can terminate separately; with a joint contract usually only a joint termination is possible.
- How must termination be delivered?
- The termination should be sent in writing and signed to the landlord; proof of receipt (registered mail, confirmation) is advisable.
- What if the landlord objects?
- Document communications, review legal options and contact the competent local court or a legal advisory service for possible steps.
How-To
- Check the lease and note termination periods and contract type.
- Notify all WG members and record the agreement in writing.
- Draft and sign the termination; send it with proof of delivery to the landlord.
- Prepare the handover, make a protocol and request the deposit accounting.
