Tenant Termination in Germany: Shared Flats 2025
As a tenant in a shared flat or with a family, it is important to coordinate terminations in a timely and legally secure way. In Germany there are fixed deadlines, special rules for subtenants and formal requirements for termination declarations. This guide explains how tenants can plan terminations together, which template forms authorities may require and how the local court intervenes in disputes. I describe simple steps to meet deadlines, practical template texts for termination letters and notes on handling deposit issues, replacement tenants and handover. The language remains deliberately clear so you as a tenant know your rights and can meet deadlines. If necessary, we also show when professional help or a lawsuit at the local court is sensible.
What applies to termination in shared flats?
In a shared flat you should inform all roommates as early as possible because joint rental contracts and sublease relationships have different termination rules. For main tenants the German Civil Code (BGB) applies with rules on rental relationships and deadlines.[1] Extraordinary terminations due to serious breaches of duty often rely on specific BGB paragraphs; ordinary terminations require compliance with contractual or statutory deadlines.
Forms and templates: what to use?
A clear termination letter is the simplest way to end a tenancy. Authorities and courts do not require special private templates, but a clearly dated letter with signature helps avoid misunderstandings. For some cases there are official guidance and templates at the Federal Ministry of Justice or the state justice administrations.[3] For eviction claims or court procedures the rules of the Code of Civil Procedure (ZPO) apply.[2]
- Check deadlines (deadline prüfen) — clarify start, termination period and effectiveness.
- Create termination letter (form vorbereiten) — clearly state date, address and signature.
- Collect handover and evidence documents (document photos) — record condition and take photos.
Practical processes: who signs, who to serve?
With multiple main tenants or subtenants, first clarify who is actually the contracting party. Only notices served to the contracting party are effective; with a joint tenancy all tenants should sign the termination or act by mutual agreement. Service is recommended by registered mail with return receipt or by hand with written confirmation of receipt.
Termination and families: special considerations
Families living together must pay attention to special protection rules, for example when social benefits or special housing entitlements (WBS) are involved. For joint rental contracts the same deadlines apply as for other tenants; with a sole lease only the contract holder can validly terminate. If the legal situation is unclear, seek timely advice from the competent local court or a legal advice center.
FAQ
- Who can terminate in a shared flat?
- Only the person named as tenant in the rental contract can validly terminate; with multiple main tenants all affected persons should be informed.
- What deadline applies for an ordinary termination?
- The statutory termination period depends on the duration of the tenancy and the agreements in the tenancy agreement; check the deadlines in the BGB.[1]
- What to do in case of disagreement in the flat?
- Document communication in writing, seek an amicable solution and contact the local court or a counseling service if necessary.
How-To
- Check deadline (deadline prüfen) — determine start and end of the termination period.
- Draft termination letter (form vorbereiten) — date, address, clear intention to terminate, signature.
- Inform roommates (contact schriftlich) — obtain written confirmation.
- Plan handover (document Zustand) — record handover and secure photos.
- Consider court action if disputed (court Beratung) — local court as the first instance.
Key Takeaways
- Check and document all deadlines carefully (success behalten).
- Use clear written termination letters and keep copies (form aufbewahren).
