Termination in Shared Flats: Tenant Rights Germany

What to do when a flatmate terminates?

When a flatmate in a shared flat (WG) gives notice, it affects the joint rental arrangement and the remaining tenants. First clarify whether the leaving person is the main tenant or a subtenant and whether the lease contains a substitute tenant clause or special agreements. Check formal deadlines and the written form under the statutory rules in the BGB^[1]. Communicate openly with the landlord and document every agreement in writing to avoid later misunderstandings or disputes about costs.

Practical steps for coordination

• Check deadlines (deadline): Determine the notice period and the effective termination date according to the lease and BGB.
• Clarify responsibility (form): Clarify who officially gives notice and whether a replacement tenant must be found.
• Deposit and costs (rent): Discuss distribution of the deposit, possible utility reconciliations and outstanding payments.
• Handover and repairs (repair): Agree on a handover protocol and any required repair or cosmetic work.
• Communication (contact): Inform the landlord, flatmates and, if applicable, the property manager in good time and in writing.

Sample notice and formalities

There is no nationally binding official form for tenant notice, but the BGB requires written form; the notice must be signed and must reach the landlord^[1]. A short notice includes date, addresses, the declaration of termination and the signatory's signature. Tip: Specify exactly the contractual relationship (main tenancy/subtenancy) and the intended termination date after checking the notice period.

If the landlord or court becomes involved

If disagreements arise about deadlines, deposit refunds or arrears, the Amtsgericht (local court) is often responsible since tenancy disputes frequently start at that level. For legal questions, decisions of the Federal Court of Justice (BGH) may be relevant; consult case law for complex cases^[2]. If necessary, file a claim at the competent Amtsgericht and use the available forms and guidance for filings under the ZPO^[3].

FAQ

Who can give notice in a WG?

Any contracting party who is the main tenant can give notice; subtenants often need the landlord's or main tenants' consent depending on the contract.

Does the notice period apply to all flatmates?

The period applies to the terminating tenant's lease; remaining main tenants keep their tenancy unless the contract contains joint liability clauses or other specifics.

Do I have to provide a replacement tenant as a remaining tenant?

Only if this was contractually agreed or a replacement clause exists; otherwise the landlord can request a replacement tenant if there is an important reason.

How-To

1. Prepare a written notice (form): The tenant giving notice prepares a signed letter with date and addresses.
2. Notify the landlord (contact): Send the letter by registered mail or hand it over against a receipt.
3. Organize a replacement tenant (move-out): If necessary, find a suitable replacement and agree details with the landlord.
4. Document the handover (record): Make a joint handover record with meter readings and damages.
5. If disputed: involve the Amtsgericht (court): Submit collected documents and request court clarification if needed.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Bundesgerichtshof (BGH) – Case Law
• Justizportal of the Länder – Forms and Information

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Bundesgerichtshof — Decisions and Press
3. [3] Justizportal of the Länder — Forms and Procedures