Tenants: Coordinate Flatshare Termination in Germany

Many tenants in Germany live in flatshares (WGs) and often need to coordinate terminations with flatmates, the landlord and strict deadlines. This guide explains in clear language how tenants can coordinate a termination in a flatshare, which deadlines apply, which proofs are useful and how to proceed lawfully — including in cases of graduated rent or other special situations. You will receive practical advice for a written termination letter, examples of wording, what should be included in an apartment handover record and which courts are responsible if a dispute escalates. At the end you will find a step-by-step guide, frequently asked questions (FAQ) and official contact points for help and further legal texts in Germany.

What tenants should do now

Before you terminate, speak with all flatmates and read the rental agreement carefully: Who is a contracting party, are there individual subletting agreements or a joint main tenancy? Check the notice periods and whether a graduated rent is agreed. Note relevant dates and prepare a written termination letter. If in doubt, document defects and conditions in the apartment with dated photos.

Formally, termination usually must be in writing; check whether the contract mentions special formal requirements (e.g. signature). If you terminate as an individual subtenant, pay attention to who is listed as recipient in the contract and whether the main tenant or landlord needs to consent.

Checklist: documents and proofs

• Written termination with date and signature of the terminating tenant.
• Copy of the rental agreement and, if applicable, subtenancy agreements.
• Photos with dates of defects or conditions in the apartment.
• Landlord's confirmation of receipt or proof of dispatch (registered mail).

If deadlines are not met, the termination can become ineffective. Therefore note every relevant time, such as when the termination was delivered and when the handover should take place.^[1]

Sample wording for a simple termination

A short template can look like this: "I hereby terminate the tenancy for the apartment at Musterstraße 1, 1st floor right, at the next possible date. Please confirm receipt in writing." Add name, address, date and signature. For graduated rent or special agreements, include contract references and request written confirmation of the termination date.

What to do in case of dispute or if the landlord does not confirm?

If the landlord does not respond or disputes the effectiveness of the termination, send the termination by registered mail with return receipt or document personal delivery. Keep all receipts. In case of dispute, local courts (Amtsgericht) are responsible for tenancy disputes; for fundamental legal questions higher instances like the Federal Court of Justice may be relevant.^[2]

Special cases: graduated rent and successor tenants

For graduated rent, the contractual escalation dates apply; an ordinary termination then follows the contract and statutory rules. If you want a successor tenant, clarify early whether the landlord must agree and which criteria apply. Any agreement on taking over rental obligations should be in writing.

FAQ

Does the termination in a flatshare need to be signed by all flatmates?

Only the persons named as contracting parties in the rental agreement must sign. With a joint main tenancy all contracting parties should observe the termination; if an individual subtenant is affected, their own termination is sufficient if permitted by the contract.

Which notice periods apply for tenants?

For ordinary terminations by tenants, the notice periods in the contract or statutory periods generally apply; many open-ended residential tenancy agreements can be terminated with three months' notice unless otherwise agreed.

What should I do if the landlord rejects the termination?

Document the delivery and seek legal advice; if necessary you can seek clarification before the local court. Keep all records and evidence to substantiate your steps.

How-To

1. Clarify flatmates and the contractual situation.
2. Draft a written termination letter with date and signature.
3. Send the termination with proof of delivery.
4. Ensure documentation of handover, defects and communications with photos and witnesses.
5. Seek support from the competent local courts or official advisory offices in case of dispute.

Help and Support / Resources

• Civil Code (BGB) – Gesetze im Internet
• Civil Procedure Code (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Official site

1. [1] Civil Code (BGB) – Gesetze im Internet
2. [2] Civil Procedure Code (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – Official site