Tenants Ending Lease in Germany: WG Rules
As a tenant in a shared flat (WG) in Germany, you often face specific challenges: coordinating joint termination dates, clear wording for index-linked rent, and protections for families. This article explains in plain language which rights and duties apply, how to draft a correct written termination, and which deadlines you must observe. You will find a practical checklist, guidance on documentation, and concrete steps if an eviction lawsuit becomes necessary. The guidance follows relevant legal provisions and court jurisdictions in Germany so you can decide more confidently and resolve conflicts with as little escalation as possible. Continue with the step-by-step instructions for sample wordings and links to official authorities.
Rights and Basics
For terminations in shared flats, obligations differ depending on whether all tenants are named on the lease or only individual subtenants. A tenant's ordinary termination is possible without a special form, but should be written and signed by all terminating persons. Index-linked rents require careful attention to wording because the rent amount can change with an index. For questions about statutory deadlines and tenant liability, consult the provisions of the Civil Code.[1]
Checklist: Termination in a WG
- Check deadlines: determine notice period and termination date.
- Written form: submit the termination in writing with signatures.
- Documentation: keep the lease, handover protocol and photos.
- Index rent: document index clauses carefully.
- Legal venue: the local court handles eviction matters.
If individual roommates want to terminate separately, first clarify whether a replacement tenant or a termination agreement with the landlord is possible. A termination agreement requires the landlord's consent and should be written.
Wording Examples for Index Rent
For index rent, a clear sentence is sufficient: identify who is terminating, which apartment, the date and signature. Example short: "I hereby terminate the rental agreement, [Name], for the apartment [Address] at the next possible date." Add a note about the index agreement and ask for confirmation of receipt.
Frequently Asked Questions
- Can one roommate terminate without the others' consent?
- If all tenants are listed on the lease, a single termination usually binds only the terminating tenant; the legal effect depends on the contract type.
- Does an index rent require special wording in the termination?
- It is advisable to mention the index agreement and clearly assign the termination to the contracting party and the apartment.
- Where to go in case of dispute about eviction or rent arrears?
- For disputes about eviction or arrears, the local court (Amtsgericht) is the correct forum to file claims.
How-To
- Review the lease and note notice periods and index clauses.
- Draft a written termination including full name, apartment address and desired end date.
- Deliver the termination by registered mail or hand it in against receipt; request written confirmation.
- Record handover dates, defects and meter readings in a handover protocol.
- Respond to landlord letters promptly and seek legal advice or mediation if conflicts arise.
