Shared Flat Termination: Tenant Rights in Germany
If a shared flat (WG) needs to be terminated, tenants in Germany face organizational and legal questions: who terminates officially, what deadlines apply, and how do main tenants and subtenants coordinate? This text explains the key steps in plain language for tenants, cites relevant legal bases and shows a sample termination letter. The goal is to avoid disputes, meet deadlines and, if necessary, secure evidence of agreements. The guidance is practical and addresses common WG situations such as finding replacement tenants, returning security deposits and possible eviction proceedings.
Legal basis
The tenancy is primarily governed by the German Civil Code (BGB), in particular the provisions on landlord and tenant obligations in §§ 535–580a[1]. In court disputes, the Code of Civil Procedure (ZPO) is relevant, e.g. for eviction suits[2]. In shared-flat constellations it depends whether subtenancies exist or one roommate is the main tenant; the termination rights then follow the respective contract.
Check before terminating
- Check the contractual notice period and any special termination rights.
- Clarify: who is main tenant and who is subtenant; usually only the contractual party can terminate.
- Deposit: document payment and the condition of the flat for later claims.
- Documentation: secure photos, messages and agreements to avoid later disputes.
How to negotiate and agree
An amicable solution reduces stress and cost. Talk early with roommates and the landlord, propose potential replacement tenants and offer clear handover dates. Some landlords accept agreements if a suitable replacement tenant is found; record such agreements in writing.
Sample: Simple termination letter
Below is a compact sample termination letter by a main tenant. Adapt names, addresses, contract data and deadlines:
Termination of tenancy
Tenant name
Address of flat
Landlord / property management
Place, date
Dear Sir or Madam,
I hereby terminate the tenancy for the above-mentioned flat with you in due time as of [date]. Please confirm the termination date and arrange a handover appointment.
Yours sincerely
[Signature]
Legal and court steps
If no agreement is possible and the landlord demands eviction, eviction proceedings may be initiated; these are heard at the competent local court (Amtsgericht). In such cases, seek early advice, keep clear documentation and respect deadlines under the ZPO[2]. Appeals and matters of principle can reach the regional court or Federal Court of Justice (BGH)[3].
Frequently Asked Questions
- Who can terminate in a shared flat?
- Only the person listed in the tenancy agreement can terminate the main tenancy; subtenants are bound by their subtenancy agreements.
- What notice periods apply for ordinary termination?
- For residential tenancies, the statutory notice periods of the BGB generally apply unless the contract states otherwise.
- What happens to the deposit after moving out?
- The landlord must refund the deposit after accounting for outstanding claims; document the condition of the flat at handover.
How-To
- Check the contract term and notice period in the tenancy agreement.
- Inform roommates and the landlord early in writing about the desire to terminate.
- Document condition, meter readings and agreements for the handover report.
- Actively search for replacement tenants if that facilitates termination.
- Arrange a concrete handover appointment and request written confirmation.
- In case of conflicts: respect deadlines and obtain legal advice if necessary.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
- Zivilprozessordnung (ZPO)
- Federal Court of Justice (BGH) – decisions on tenancy law
