Flatshare Termination: Tenant Checklist Germany

As a tenant in a flatshare (WG) in Germany, terminating your individual tenancy can require several legal and organizational steps. This checklist explains clearly which deadlines apply, what a legally effective termination letter looks like, which documents and evidence you should collect, and how to coordinate with flatmates and the landlord. The guidance is tailored to situations in German rental relationships, such as termination deadlines under the BGB^[1], handover appointments and possible find-a-replacement-tenant scenarios. The goal is that you terminate on time, avoid disputes and are prepared in case of conflict. The language is kept accessible for tenants; for complex legal questions we show which courts and paragraphs are relevant and how to use official forms.

Preparations before giving notice

Before drafting the termination letter, check the rental agreement for notice periods, special provisions and who is named on the contract. Coordinate internally with your flatmates whether a joint end or individual terminations are required.

• Check the notice period in the tenancy agreement and calculate the latest possible termination date.
• Prepare a signed termination letter: date, addresses, parties to the lease and a clear termination statement.
• Coordinate timing with flatmates and inform the landlord early about the planned move-out date.
• If necessary, search for or offer a replacement tenant; clarify any contractual rules regarding this.
• Create a handover protocol and photograph the flat condition for documentation.
• Note any pending utility cost statements and details regarding the security deposit refund.

Formal termination

The termination letter should be in writing and bear your signature. Clearly state the tenancy, the date you are terminating for and your current address. A simple sample reads: "I hereby terminate the tenancy for the apartment at [address] at the earliest possible date." Send the letter by registered mail or deliver it in person against confirmation of receipt.

Handover and follow-up

Arrange a fixed handover appointment and prepare a handover protocol together with the landlord or property manager. Note defects and agree on any repair or cleaning deadlines in writing.

• Record meter readings and existing damages in the handover protocol.
• Clarify outstanding repairs: who pays which costs and deadlines for remedial work.
• Arrange the security deposit refund and agree on lawful deductions in writing.

In case of dispute: courts and deadlines

If disagreements arise, local courts (Amtsgerichte) are responsible for many tenancy disputes; higher appeals go to the Landgericht and the Federal Court of Justice. Legal proceedings follow the Civil Procedure Code (ZPO)^[2], and deadlines including eviction claims should be checked promptly.^[3]

FAQ

How long is the notice period for a flatshare tenancy?

The statutory basic notice period is usually three months, unless the tenancy agreement sets a different rule; precise regulations are in the BGB.^[1]

Can a flatmate terminate alone if they are only part of the tenancy?

That depends on the tenancy agreement: if the flatmate is listed as a tenant in the contract, they can terminate; subletting follows different rules and it is important to check the contract.

Is there an official termination form?

There is no uniform official form for tenancy termination; an informal signed letter is generally sufficient.

How-To

1. Check the tenancy agreement and note the applicable notice period.
2. Draft a written termination letter and sign it personally.
3. Inform flatmates and landlord early and arrange the handover date.
4. Create a handover protocol with photos and meter readings.
5. Arrange the security deposit accounting and settle outstanding costs in writing.

Help and Support / Resources

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet – Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH)

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Information