Tenant Termination in Shared Flats: Rights in Germany

As a tenant in Germany, you often face organizational and legal questions when terminating tenancy in a shared flat: who notifies the landlord, how does an index rent affect things, and which deadlines apply? This article clearly explains how flatmates can coordinate a termination, which wordings are legally sound and which proofs are important. With concrete examples and a sample letter you will see how signature, date and addressing should be correct. You will also find guidance on when court clarification is necessary, which authorities are responsible and which official laws apply. The information helps you protect your rights as a tenant and avoid unnecessary risks when terminating tenancies in shared flats.

Terminating in a shared flat: who notifies the landlord?

First clarify whether a single tenant or all tenants will terminate. For multiple contracting parties, usually every terminating person should be named in the letter. Check the lease for agreements on termination and for special rules regarding index rent. Relevant legal provisions are cited at the end^[1].

Key steps before sending

• Check deadlines: determine the notice period and the exact termination date.
• Clarify index rent: understand how index adjustments affect your termination options.
• Create a sample letter: draft a clear, signed termination with address, date and signatures.
• Gather evidence: copies of contracts, e-mail correspondence, payment receipts and photos.

Sample wording for a termination letter

An effective termination letter contains: recipient (landlord), sender (all terminating tenants), date, clear termination formula, contract address, desired end date, and signatures. Example (short):

Dear Ms/Mr [Name],
we hereby terminate the tenancy for the apartment [Address] in due time as of [Date]. Please confirm receipt in writing.

Service and proof

Send the termination by registered mail with return receipt or hand it over in person against a receipt. Keep copies of all documents and correspondence. If an index rent applies, document the calculation steps and the basis for the index adjustment.

If the landlord does not confirm or objects

If the landlord does not respond or objects, collect written correspondence and deadlines. In case of legal disputes the local court (Amtsgericht) is responsible; procedural rules follow the Civil Procedure Code^[2] and tenancy disputes are usually heard in the local court^[3].

FAQ

Who must sign the termination if several tenants are listed on the contract?

All tenants listed in the contract who want to end the tenancy should sign the termination; alternatively it may be agreed that only one tenant terminates—check the contract.

Is there an official form for tenant termination?

There is no prescribed state form for tenant termination; a written, signed termination letter including all necessary details is sufficient.

How does index rent affect termination?

Index rent regulates rent adjustments to a price index but generally does not change notice periods; still check the lease and document calculations.

Anleitung

1. First check the notice period and note the latest possible date.
2. Create a signed sample letter with all terminating names and the apartment address.
3. Collect evidence: lease, payment receipts and relevant e-mails as proof.
4. Send the termination by registered mail or hand it over against receipt.
5. If there is an objection contact the competent local court or legal advice to check next steps.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Bundesgerichtshof (BGH) – Decisions and guidance
• Federal Ministry of Justice (BMJ) – Procedural information

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice – Tenancy law decisions