Tenant Guide: Ending Shared Leases in Germany

As a tenant in a shared flat you are not alone: terminations must be coordinated, deadlines met and wording for graduated rent (Staffelmiete) chosen correctly. This practical guide for Germany explains step by step which rights and obligations students and other tenants have, which official forms are needed and how to document receipts and communication. You will receive concrete action steps for coordinating with flatmates, correctly delivering the termination letter and preparing for possible court proceedings. Well documented you save time and avoid disputes with landlords. At the end you will find an FAQ and a clear how-to guide that helps with practical implementation. The notes are practice-oriented and refer to official forms and courts.

Termination in Shared Flats: Rights and Obligations

As a tenant, the rules of the German Civil Code (BGB) apply to tenancy relationships (§§ 535–580a)^[1]. In rental disputes, the local court (Amtsgericht) is responsible; higher instances are the Landgericht and the Federal Court of Justice^[2]. For tenants in shared flats this means: observe termination deadlines, check joint agreements and document everything in writing.

Key Deadlines and Forms

Before you terminate: check the lease for graduated rent clauses, handover protocols and agreed deadlines. Note dates and keep a document folder.

• Note deadlines (deadlines) in writing and keep a deadline calendar.
• Termination letter (notice): include required details such as name, address, contract end and signature.
• Document delivery (serve): use registered mail with return receipt or personal handover with witnesses.
• Collect receipts and photos (evidence) of damage, meter readings and handover defects.

Termination under Graduated Rent (Staffelmiete): Wording

For graduated rent agreements, it is important to name the agreed rent levels and the effective dates. A simple termination template could read: "I hereby terminate the tenancy agreement for the apartment [address] at the next possible date, taking into account the contractually agreed graduated rent of [date]." Use official guidance and templates where available and specify concrete dates in the letter^[3].

FAQ

Can a flatmate give notice alone?

Whether a flatmate can give notice alone depends on the lease: if individual flatmates are listed as tenants, each can terminate their own position; for a joint main tenancy a joint termination is usually required.

What deadlines apply with graduated rent?

Graduated rent only regulates the rent amount at certain times. Termination deadlines are determined by the lease and the statutory provisions of the BGB; check the contractually agreed deadlines in writing.

Which forms and proofs do I need?

Keep the termination letter in writing, proof of delivery (registered mail) and evidence of damage or meter readings; official forms are available from the competent courts and authorities.

How-To

1. Coordinate: talk to all flatmates about dates and responsibilities (contact).
2. Create the letter: draft a written termination letter with name, address and date (notice).
3. Deliver: send the letter by registered mail with return receipt or document personal handover (serve).
4. Document: collect photos, protocols and receipts as evidence (evidence).
5. If disputed, contact the local court and prepare all documents (court).
6. Organize moving out: arrange handover, deposit settlement and new addresses (move-out).

Help and Support

• [1] BGB §§535–580a (Gesetze im Internet)
• [2] Information on courts and jurisdictions (justiz.de)
• [3] Federal Ministry of Justice – forms and guidance (bmj.de)

1. [1] BGB §§535–580a (Gesetze im Internet)
2. [2] Information on courts and jurisdictions (justiz.de)
3. [3] Federal Ministry of Justice – forms and guidance (bmj.de)