Tenant Rights in Germany: Ending Tenancy in Shared Flats

As a tenant in a shared flat in Germany, you face specific organizational and legal questions when ending a tenancy. This guide explains step by step how tenants can coordinate a WG termination, meet deadlines under the BGB and prepare a legally secure template letter. You will learn which forms and proofs are necessary, when the local court may become involved and how to prepare objections or legal steps. Practical examples show how costs, the security deposit and handover are handled. I explain how to create an inventory handover protocol, which evidence is useful for defects and how to check the deposit accounting. Tenants will also find templates for termination letters and a checklist for an orderly move-out.

What tenants in a WG must observe when terminating

The legal basis for the termination of tenancy agreements can be found in the German Civil Code (BGB), in particular in §§ 535–580a.^[1] In disputes about eviction or payment, the Code of Civil Procedure (ZPO) may become relevant; court proceedings usually take place at the local court (Amtsgericht).^[2]

• Agree on the termination date and clarify deadlines.
• Prepare the termination letter in writing and have all terminating flatmates sign it.
• Ensure proof of delivery (registered mail or personal handover receipt).
• Document the condition of the apartment: photos, defect list and handover protocol.
• Check the security deposit and request a settlement; ask for justification of deductions.
• Plan the handover, document key transfer and sign the handover protocol.

Forms and templates

There is no nationwide binding form for a tenant termination; however, the termination letter should include name, address, rental contract details, termination date, compliance with the deadline and the signature. An inventory handover protocol and a list with photos as evidence are helpful. For eviction lawsuits and formal applications, the ZPO provisions apply.^[2]

Sample termination letter (example)

Tenant name and address; Landlord address; Subject: Termination of the tenancy as of [date]; Text: I hereby terminate the tenancy for the apartment [address] in due time as of [date]. Please send a confirmation of termination. Sincerely, Signature.

Frequently Asked Questions

Who must sign the termination in a shared flat?

As a rule, all persons who are legally tenants in the rental contract must sign; subtenants are subject to different rules.

What if flatmates do not agree to the termination?

If one contractually registered tenant does not agree, the tenancy remains in force for that person; joint solutions or legal advice can help.

How can I claim the security deposit back?

After the handover the landlord must settle the deposit; request a written settlement and check deductions with supporting evidence.

How-To

1. Check date and deadline: determine the contractually agreed notice period and note the end date.
2. Prepare the termination letter: state the rental object, date and have all affected tenants sign.
3. Ensure delivery: send the letter by registered mail or hand it over against receipt.
4. Create documentation: take photos, prepare a handover protocol and list defects as evidence.
5. Conduct the apartment handover: perform a joint key transfer and have the protocol signed.
6. If there is a dispute, preserve deadlines and, if necessary, prepare documents for the local court.^[2]

Help and Support

• [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
• [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• [3] Federal Court of Justice publications (BGH) — bundesgerichtshof.de

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice publications (BGH) — bundesgerichtshof.de