Tenant Guide: Terminating WG with Index Rent in Germany

A flatshare exit under index rent poses special challenges for tenants in Germany: index rent affects future costs and joint terminations require clear agreements. This page explains in plain terms which steps flatshare members should follow, how written notice must be given, which deadlines apply and how documentation and the handover can be organized. The goal is to avoid conflicts, clarify liability issues and increase the chances of an amicable solution.

What is index rent?

With index rent, the rent is linked to the consumer price index; increases follow index developments and are not treated like a classic graduated rent. Important legal foundations can be found in the German Civil Code (BGB) on general rental duties and termination rules^[1].

WG termination: who terminates, deadlines and form

In a flatshare, any tenant listed in the lease can terminate the tenancy unless the contract provides otherwise. The termination must be in writing and signed by the person giving notice; verbal statements are insufficient.

• Set deadlines securely: the statutory notice period for tenants is usually three months, unless otherwise agreed in individual cases.
• Written notice: date, recipient, signature and a clear declaration of who is terminating belong in every termination letter.
• Documentation: handover protocol, photos of damages and meter readings secure future claims or billing questions.
• Key return and handover: arrange a date and protocol with the property manager or landlord.

If an index rent applies, clarify before termination whether replacement tenant rules or apportionments could change cost distribution. Talk openly with your flatmates about splitting remaining rent and possible replacement tenant searches.

Rights, duties and potential disputes

The following points are common causes of disputes in flatshare terminations: who pays renovation costs, who is liable for outstanding utility charges and how index rent adjustments are handled. Court disputes are conducted before the competent local court (Amtsgericht) (rental matters), possibly with appeal to the regional court and, for legal questions, to the Federal Court of Justice (BGH)^[2].

FAQ

Who can terminate in a flatshare?

Basically, any tenant can terminate their share of the tenancy if they are listed in the contract; mutual agreements in the contract are decisive.

Does index rent require anything special in the termination?

No, the termination is valid in writing; however, index rent affects future payments and should be considered internally.

What happens to outstanding utility charges after moving out?

The landlord can request settlements within statutory periods; keep receipts and the handover protocol.

How-To

1. Write a clear, signed termination letter with date and recipient.
2. Observe the notice period (usually three months) and send the termination in time.
3. Inform flatmates and landlord early about replacement tenant search and contact details.
4. Create a handover protocol with photos and note meter readings.
5. Return keys and obtain written confirmation of the apartment handover.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
• Zivilprozessordnung (ZPO) – Procedures and forms
• Federal Court of Justice (BGH) – Rental law decisions

1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Bundesgerichtshof (BGH) – Decisions in rental law
3. [3] Zivilprozessordnung (ZPO) – Procedure and forms