Tenant Termination in Germany 2025: Coordinate Flatshare

As a tenant in a shared flat, ending a tenancy raises many practical and legal questions. In Germany there are fixed rules on deadlines, form and proof of termination; mistakes can lead to unnecessary disputes. This guide explains in plain language how to plan a flatshare termination in 2025: who must sign, how to meet deadlines, which documents serve as evidence and how to prepare a legally effective termination letter. I describe concrete steps, name relevant statutes and show which local courts (Amtsgerichte) are responsible. The goal is for you as a tenant to act securely and clearly, avoid conflicts and be able to prove your rights if necessary. You will also learn how to document evidence and record deadlines in writing.

When can a tenant terminate?

In principle, any tenant can give ordinary notice of termination provided that contractual or statutory deadlines are observed. The essential rules on tenancy and termination are set out in the BGB and explain landlord and tenant rights and obligations^[1].

Concrete steps before terminating

• Check the notice period in the tenancy agreement and in the law so you know the exact last day.
• Draw up the termination in writing and sign it personally; electronic signatures are usually not sufficient.
• Document reasons, handover dates and agreements in writing and collect photos, messages and receipts as evidence.
• Coordinate the move-out date and key handover with your flatmates to avoid misunderstandings.

Example: Wording of a written termination

A simple, legally effective termination letter should include: tenant name and address, rental property address, date, clear declaration of termination, notice period, signature. Example text: "I hereby terminate the tenancy for the apartment [address] with effect from [date]." Also add: "I offer to return the apartment on [date]."

Form and deadlines

Ordinary termination must be in writing and personally signed by the terminating person. For extraordinary (immediate) termination, strict prerequisites apply (e.g. serious breaches), which are regulated in the BGB^[3]. If the landlord does not respond, court proceedings at the competent local court may be necessary; procedural rules of the ZPO apply^[2].

Collecting evidence: what helps in a dispute

Collect the following proofs so you can substantiate your termination and the condition of the flat:

• Photos and videos of the flat's condition at handover and move-out.
• Copies of the written termination, handover protocol and all written agreements.
• Message histories or e-mails with dates that prove agreements or appointment arrangements.
• Receipts for repairs or payments that indicate agreed responsibilities.

FAQ

Does every flatmate have to sign the termination?

Only if all flatmates are listed as tenants in the lease does each terminating tenant generally need to sign their own notice; coordination is important in joint liability situations.

Can I move out before the notice period ends?

Yes, you can move out earlier, but you usually remain obligated to pay rent until the termination takes effect unless a replacement tenant is agreed.

What if the landlord does not react to the termination?

The termination is effective even without confirmation if it was properly delivered; in case of dispute a court can clarify effectiveness.

How-To

1. Write the termination clearly and dated, with your signature and the apartment address.
2. Send the termination in time (e.g. by registered mail) or hand it over against a receipt.
3. Inform flatmates and landlord about the move-out date and document the handover.
4. Keep all receipts, photos and messages in case of later claims or proceedings.

Help and Support

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

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1. [1] BGB §535 ff. — gesetze-im-internet.de
2. [2] ZPO (Zivilprozessordnung) — gesetze-im-internet.de
3. [3] BGB §543 (extraordinary termination) — gesetze-im-internet.de