Tenant Termination in Germany: WG Notices
Many shared-flat tenants in Germany face the challenge of organizing a termination together, especially with graduated rent agreements (Staffelmiete) or when only one flatmate moves out. This guide explains clearly what tenants' rights and obligations are, which deadlines apply and how to draft and serve a legally valid termination letter. I describe practical steps: check deadlines, prepare a signed termination, inform flatmates, collect evidence and contact the local court if necessary. You will also find notes on graduated rent rules, sample wordings and which official laws and courts are responsible. The language is aimed at tenants without a legal background so you can plan the next steps with confidence. Practical templates and steps help avoid mistakes and meet deadlines reliably.
When must flatmates coordinate the termination?
If all flatmates are jointly named on the lease, they are all contract partners of the landlord; a single declaration by one flatmate without authorization does not automatically bind the entire group. Therefore, first check the lease to see whether individual signatures are possible or a joint termination is required. Statutory rules on form and deadlines are found in the BGB[1]. If eviction suits or deadline disputes arise, the civil procedure rules apply[2].
Key steps before the termination date
- Check deadlines: Determine the applicable notice period, especially for graduated rent or fixed-term contracts.
- Write the termination: Include names, address, rental property, date and signature.
- Collect evidence: Keep proof of sending, handover receipts and photos for documentation.
- Inform flatmates: Agree who terminates and who stays, record agreements in writing.
For graduated rent agreements, note that the schedule affects only rent increases and does not automatically change notice periods; review the clause in the lease and coordinate the end of tenancy with the landlord in good time. If a flatmate moves out, a replacement tenant agreement or an addendum to the lease may be necessary; clarify this early.
Forms and templates
There is no single nationwide official form for tenant termination; the termination is a written, personally signed declaration. Many authorities and courts point to simple template texts you can adapt to your situation. A typical template is called a "termination letter" and contains: landlord, tenant, rental address, termination date, note on compliance with notice period and handwritten signature. Examples and official guidance are available from responsible ministries and courts[3]. Practical example: "I hereby terminate the tenancy for the apartment Musterstraße 1, 01234 City, at the next possible date. Date, signature."
FAQ
- Does the termination need to be signed by all flatmates?
- If all flatmates are main tenants on the contract, generally the termination of all contracting parties or a clear power of attorney is required. If there is no provision, clarify this with the landlord in writing.
- Does a graduated rent affect the notice period?
- No, graduated rent only regulates rent increases; the statutory or contractual notice period remains and must be observed.
- What if the landlord refuses to accept the termination?
- Document delivery and content, seek discussion and, if necessary, contact the competent local court or legal advice. Disputes can be decided in court.
How-To
- Determine the deadline: Check the contractual or statutory notice period and note the date.
- Write the termination: Draft a clear, signed letter with termination date and address.
- Secure delivery: Send the termination by registered mail with return receipt or hand it over personally with a receipt.
- Inform flatmates and landlord: Record confirmations and agreements in writing.
- In case of dispute: Secure deadlines and evidence and, if necessary, seek clarification at the local court.
Help and Support
- Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
- Federal Court of Justice (BGH) — decisions and information
- Justice portal — information on local courts
