Fixed-Term Leases for WG Tenants in Germany

Fixed-term leases are common in shared flats (WGs), for example among students, project members or for job-related temporary stays. For tenants in Germany they provide planning security but also raise concrete requirements about form and deadlines. This practical guide explains in plain language what WG tenants must watch for: how fixed terms work legally, which deadlines apply, how to report defects and which steps are possible for an early termination. Practical examples, instructions for filling forms and template texts as well as links to official forms and competent courts help avoid common mistakes and protect your rights.

What is a fixed-term tenancy in WGs?

A fixed-term tenancy ends automatically on the agreed date without a notice. In WGs it is often used for project periods or student rooms. It is important that the term is agreed in writing and legally permissible; otherwise it can be ineffective and the contract may be treated as open-ended.^[1]

Legal basis and competent authorities

The relevant rules are in the German Civil Code (BGB), especially on landlord and tenant obligations and termination.^[1] Rental disputes are usually heard at the local court (Amtsgericht) in the first instance; appeals go to the regional court (Landgericht), and major legal questions may be decided by the Federal Court of Justice (Bundesgerichtshof).^[2]

Practical cases and typical problems

1. Drafting the fixed term

Wording and justification of the fixed term are decisive. If a lawful justification is missing, the term can be invalid and the lease deemed open-ended. Pay attention to precise dates, the scope of rooms and who is the principal tenant versus subtenant.

2. Forms and templates

Important templates for tenants include:

• Termination letter (model of the Federal Ministry of Justice) – use when an ordinary or extraordinary termination is necessary; state date, contract details and signature clearly.^[3]
• Defect notice in writing – describe defect, time, set a deadline for repair and attach photos; send by registered mail or email with confirmation of receipt.
• Power of attorney for a subtenant or representative – specify scope and period if housemates need to act on your behalf.

3. Early termination by the tenant

Early termination is possible with special statutory rights (e.g. serious defect) or by mutual termination agreement. Check whether a replacement tenant can be proposed; this can avoid disputes and reduce costs.

4. Defects and rent reduction

For substantial defects (e.g. heating failure, mold), tenants can reduce rent. It is important to notify the landlord in time and record dates and evidence. If disputed, the local court decides; cite the relevant BGB provisions in your notice.^[1]

Practical example: housemate leaves before the end

Example: A housemate has a fixed contract until 30 September but must move out on 31 July. First check whether a replacement tenant is acceptable and whether the contract allows early termination. A template termination letter to the landlord can help achieve a mutual solution; use the model of the Federal Ministry of Justice for wording.^[3]

Frequently Asked Questions

Is a fixed term always valid in WG contracts?

No. A fixed term must be agreed in writing and there must be a lawful reason; otherwise it can be invalid and the contract is considered open-ended.

Can I move out before the end?

Only with the landlord's consent, by mutual termination agreement or if statutory special termination reasons apply. Proposing a suitable replacement tenant can help.

What if there are serious defects?

Notify defects in writing, set a repair deadline, collect evidence and consider rent reduction or legal action if repairs are not made.

How-To

1. Collect documents: contract, deposit receipts, photos of defects and communications with the landlord.
2. Report defects: send a dated letter with defect description and deadline; confirm receipt.
3. Contact the landlord: seek a personal meeting and discuss solutions (repair appointments, replacement tenant).
4. Consider legal steps: obtain advice and, if necessary, file a claim at the local court.

Key takeaways

• Written form and clear dates are crucial for fixed-term agreements.
• Documentation and evidence strengthen your position in disputes.

Help and Support / Resources

• Gesetze im Internet: German Civil Code (BGB)
• Federal Ministry of Justice (BMJ) – templates and forms
• Federal Court of Justice (BGH) – decisions

1. [1] Gesetze im Internet: BGB §535 and following
2. [2] Bundesgerichtshof (BGH) – decisions on tenancy law
3. [3] Federal Ministry of Justice – templates and forms