Coordinating WG Terminations for Tenants in Germany
WG termination: rules and deadlines
For an ordinary termination, the contractual or legally agreed deadlines apply. The most important statutory provisions on the tenancy are contained in the Civil Code (BGB), in particular regarding duties of landlord and tenant and termination.[1] Extraordinary (immediate) terminations are only possible for serious reasons, such as significant breaches of duty.
Preparation: who gives notice, who stays?
Before you give notice, clarify what kind of contract exists: a joint tenancy (overall tenancy) or individual contracts for each roommate. With a joint contract, the tenancy continues until all give notice or a replacement agreement is made.
- Check deadlines (deadline): determine the termination periods of all parties and note key dates.
- Review the tenancy agreement (form): read termination provisions, subletting and successor clauses.
- Arrange the deposit (deposit): clarify who is entitled to repayment and how distribution is handled.
- Inform roommates (contact): talk in person about dates, outstanding costs and handover.
- Plan the handover (move-out): agree on a joint handover and create a protocol.
Written termination: what must it include?
A termination should always be in writing and signed by the terminating tenant. Include names, address, reason for termination (if immediate) and the desired termination date. There is no nationwide mandatory "form" for tenant terminations, but there are formal requirements under the BGB.[1]
Practical checklist for tenants
- Record deadlines in writing (deadline): note date of receipt of termination and last day of tenancy.
- Write and deliver the termination (form): include date, recipient, signature and desired end date.
- Collect evidence (document): keep tenancy agreement, handover protocols, and payment records.
- Document communication (contact): save emails or messages, note names and appointments.
Frequently asked questions
- Who has to terminate in the WG if only one roommate moves out?
- It depends on the contract: With a joint tenancy, all tenants must terminate or agree on a separate arrangement; with individual contracts, only the affected tenant terminates.
- How long are the notice periods for ordinary termination?
- Deadlines depend on the contract or statutory provisions; usually a three‑month notice period applies to open-ended tenancies.
- What happens to the deposit with several tenants?
- The deposit is generally held by the landlord as security; payout depends on contract agreements and any distribution agreements among tenants.
How-To
- Check all tenancy agreements (form): clarify whether individual or joint contracts exist and what termination rules apply.
- Calculate deadlines (deadline): determine the last day for timely termination and note the date for proof of receipt.
- Inform roommates (contact): arrange a meeting and record the results in writing.
- Write and serve the termination (form): include date, recipient, signature and termination date; prove receipt.
- Organize the handover (move-out): create a handover protocol, arrange key return and document damages.
- Secure documents (document): keep payment records, agreements and protocols for possible legal proceedings.
Help and Support
- Civil Code (BGB) – gesetze-im-internet.de
- Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de