Coordinating WG Termination – Tenants in Germany

As a tenant in a shared flat (WG), when issuing a termination you must consider not only your own rights but also your flatmates, deadlines and the handover of keys. This article explains in clear, accessible language which duties and deadlines apply under the German Civil Code (BGB), how to draft and serve a termination correctly, which documents and forms are useful and how to proceed practically if you are a commuter and not on site. You will receive practical action steps, sample guidance for discussions with landlord and flatmates, as well as notes on deposit, handover protocol and possible legal steps in Germany.

Rights and duties for WG terminations

For ordinary terminations, tenancy law follows the provisions of the German Civil Code (BGB). Important rules on landlord and tenant duties are found in §§ 535–580a BGB^[1]. For eviction lawsuits and procedural matters the Code of Civil Procedure (ZPO) applies^[2]. In case of doubt about interpretation and precedents, decisions of the Federal Court of Justice (BGH) may be relevant^[3].

Practical steps: coordinating a termination in a WG

Proceed step by step: clarify the contract situation (individual tenant or joint liability), speak early with flatmates and landlord, and document everything in writing.

Drafting and serving the termination

• Draft the termination in writing and sign it by hand.
• Include your name, address and the planned moving-out date in the letter.
• Observe statutory or contractually agreed deadlines for the receipt of the termination.

Handover, keys and deposit

• Arrange a joint handover with all parties and create a handover protocol.
• Photographic documentation of condition and meter readings helps in later disputes.
• Clarify deposit accounting: who paid and who receives refunds proportionally.

If you are absent as a commuter

As a commuting tenant you should appoint an authorised person or plan the handover in agreement with landlord and flatmates at a fixed time. Use written powers of attorney, document consents by e‑mail and keep deadlines in view. For longer absences it is also recommended to keep digital copies of all relevant documents (termination letter, protocol, photos).

FAQ

Who must terminate in a WG if multiple people are on the lease?

If the lease is signed jointly (joint and several liability), a termination by a single tenant is effective only if contractually permitted or if all parties agree; otherwise the consent of flatmates or an amicable arrangement is necessary.

What are the notice periods for tenants?

Statutory notice periods for tenants are generally three months, but may vary by contract or special circumstances; the relevant legal rules are in the BGB.

What happens if there is disagreement about damages at handover?

Document damages with photos and a protocol; in disputes, evidence and a conciliation body or the local court (Amtsgericht) can decide whether and to what extent claims exist.

How-To

1. Check the lease first for termination clauses and deadlines.
2. Draft a written termination letter and sign it personally.
3. Inform flatmates and landlord early by e‑mail and agree a handover appointment.
4. Create a handover protocol with photos and have all parties sign it.

Key Takeaways

• Clear written communication prevents most conflicts in WG terminations.
• Observe statutory deadlines and document the delivery of the termination.
• A detailed handover protocol protects against disputes over damages and deposits.

Help and Support / Resources

• [1] German Civil Code (BGB) — Gesetze im Internet
• [3] Federal Court of Justice (BGH) — Official site
• [2] Code of Civil Procedure (ZPO) — Gesetze im Internet

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Official Webseite