Coordinating WG Termination: Tenants in Germany

If multiple tenants in a shared flat plan to terminate the lease, all parties need clear agreements so deadlines, form and legal consequences are correct. This guide is aimed at tenants in Germany and explains step by step how WG housemates coordinate the termination, use a legally secure sample termination letter and avoid typical pitfalls. You will learn which deadlines apply under the BGB, how a joint or individual occupant gives notice, who organizes electricity, deposit and key handover, and when a court or the local court should be involved. Practical checklists and tips on evidence make the process easier and help avoid disputes. The goal is to protect tenants' rights, avoid uncertainties and be prepared in case of conflict. Written evidence, a clear recipient of the termination and agreements on the handover are particularly important.

When and how to terminate in a WG

The legal basis for tenancy agreements can be found in the German Civil Code (BGB), in particular regarding duties, notice periods and formal requirements.^[1]

Form of termination

In principle, an ordinary termination of a tenancy agreement must be submitted in writing and bear a handwritten signature; termination by e-mail is not effective. In a WG you should clarify in advance whether the termination will be made jointly by all tenants or only by the tenant giving notice.^[1]

Deadlines and service

• Observe ordinary notice periods and plan early.
• Calculation of deadlines depends on the lease agreement and the rules in the BGB.^[1]
• Delivery by registered mail with return receipt or handover against acknowledgement is recommended.
• In the case of extraordinary termination for serious breaches, special evidence requirements apply.

Coordination checklist

• Clarify who signs the termination and who acts as contact person for the landlord.
• Create a sample termination letter and agree on wording and date together.
• Arrange return of the deposit and the allocation of any outstanding rent and utility costs.
• Document the condition of the flat with photos and record the key handover.

Practical notes on templates and forms

There is no nationwide standard form for termination; tenants use a written termination letter with name, address, tenancy details, reason for termination (if required) and handwritten signature. For court actions (eviction claim), forms and applications are to be filed at the competent local court; information is found in the procedural rules of the Code of Civil Procedure (ZPO).^[2]

Frequently Asked Questions

Can a single flatmate terminate the WG tenancy?

That depends on the lease. With a joint tenancy, usually all tenants must terminate together or the landlord and co-tenants must agree on a solution.

Does the landlord have to agree to the termination?

For an ordinary termination by the tenant, the landlord's consent is not required, but the form and deadlines must be observed.

What if a flatmate stays after the termination?

If there is no separate subtenancy agreement, an after-effect of the tenancy or a new agreement may be necessary; the local court may decide in case of dispute.

How-To

1. Discuss internally the date and deadlines, and assign names and responsibilities.
2. Create a joint termination letter, collect and date all required signatures.
3. Send the termination to the landlord with proof of delivery.
4. Document the flat condition and prepare a handover protocol.
5. Resolve outstanding costs, deposit refund and consider legal steps if necessary.

Help and Support

• BGB §§535–580a (legal basis)
• ZPO – Procedural rules
• Federal Court of Justice (BGH) – information

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de