Flatshare Termination: Tenant Rights in Germany
As a tenant in a flatshare (flatshare) in Germany, you often face special challenges: termination deadlines, shared responsibilities and the question of who takes over the lease or must move out. This guide explains in plain language which rights and obligations tenants have, how a termination can be drafted and documented legally, and which courts are responsible in case of dispute. You will receive practical steps, notes on typical problems (arrears, defects, subtenants) and concrete tips on how to resolve conflicts within the flatshare without immediate lawyer involvement. The guidance is based on the BGB and court jurisdiction in Germany and helps you secure the correct deadlines and evidence.
When is a flatshare termination possible?
Generally, the regulations of the German Civil Code (BGB, §§ 535–580a) apply to tenancy relationships. An ordinary termination by a tenant can take place at the end of the contractually or legally regulated period; for extraordinary termination, urgent reasons must exist, such as significant rent arrears or major defects. In a flatshare, the contractual structure (individual subleases vs. joint main lease) can be decisive: only a contracting party can terminate alone. Check your lease in writing and carefully document reasons and deadlines.[1]
Practical steps for tenants
- Check deadlines: determine the contractual or statutory termination period and note the date.
- Write the termination in writing: state contracting parties, address, termination date and signature.
- Prove delivery: hand over the termination personally with receipt or send by registered mail.
- Document condition: take handover photos and keep a handover protocol with co-occupants.
- Record conflicts in writing: collect messages, invoices and receipts in disputes over deposit or damages.
What if a flatmate does not move out?
If a flatmate does not move out or does not assume obligations, check whether a sublease exists or whether all residents are joint main tenants. If all are joint main tenants, all are jointly liable for rent. In case of uncertainty, document the situation and, if necessary, prepare a formal payment or eviction request. For extraordinary termination due to arrears, precise payment evidence is important.
Rights, duties and courts
In case of dispute, local courts (Amtsgericht) are generally competent for tenancy matters such as rent reduction, termination protection or eviction actions; higher instances are the regional courts (Landgericht) and the Federal Court of Justice (BGH) for appeals and precedent decisions. For legal proceedings, observe the procedural rules of the Code of Civil Procedure (ZPO) and collect all documents systematically (rent payments, correspondence, photos).[2]
FAQ
- Can a tenant in a flatshare terminate alone?
- Only if they are the sole contracting party; with a joint main tenancy, termination generally affects the entire tenancy unless the contract states otherwise.
- Which deadlines apply for an ordinary termination?
- Statutory deadlines are regulated in the BGB; commonly the tenant's notice period is three months unless contractually agreed otherwise.
- What to do about a flatmate's rent arrears?
- Document arrears, inform the landlord and consider a payment reminder or warning; in severe cases an eviction procedure may follow.
How-To
- Check deadlines and set the termination date.
- Draft and sign the termination in writing.
- Prove delivery (registered mail or handover receipt).
- Document handover: photos, protocol and key transfer.
- In case of dispute: collect documents and consider filing at the competent local court.
