Tenants: WG Termination with Step Rent in Germany

If you live as a tenant in a shared flat (WG) and the lease includes a step rent (Staffelmiete), coordinated action when terminating is particularly important. This text explains for tenants in Germany in plain language which deadlines apply, how to secure evidence and what role housemates and the landlord play. You will learn how a correct termination letter can look, which documents and photos help and when it makes sense to prepare legal steps. The advice is practical and explains in simple terms how the local court, BGB rules and possible BGH decisions can influence the process. This way you, as a tenant, keep your rights and avoid unnecessary risks. Act.

What tenants should know now

For step rents, special agreements often regulate the amount of rent; the termination deadlines themselves result from the lease and statutory rules. First check the lease and clarify with your housemates who will terminate and how the handover should take place. If in doubt, a look at the Civil Code (BGB) helps for the general duties and rights of tenants and landlords.^[1]

Termination practically: What must be in the letter

• Recipient (full name and address of the landlord).
• Termination date and notice period, reference to the lease.
• Signature of all terminating tenants or clear power of attorney if only one person writes.
• Indication of the desired termination date and note about the WG situation.

An informal letter is sufficient in most cases. Send the termination preferably by registered mail with return receipt or hand it over against confirmation of receipt.

Securing evidence

Document everything that may be important for accounting, defects or later disputes: photos of the condition, handover dates, communication by email or messenger. Such documents help if there is a court dispute.

• Photos and videos of the apartment condition at move-out.
• Protocols of handovers and meter readings.
• All correspondence with the landlord and housemates (email, SMS, messenger).

If a dispute arises

In case of disputes, jurisdiction usually lies with the local court; legal proceedings follow the rules of the Code of Civil Procedure (ZPO). Inform yourself about deadlines and possible applications such as legal aid if necessary.^[2]

Important are also relevant decisions of the Federal Court of Justice (BGH) that can provide orientation in borderline cases, for example regarding step rents and termination modalities.^[3]

How-To

1. Talk to your housemates early and assign roles for termination and handover.
2. Draft an informal termination letter; record the date and signatures.
3. Send the termination in good time to meet contractual deadlines.
4. Secure photos, protocols and correspondence as evidence.
5. If problems arise, check whether an amicable agreement is possible; otherwise prepare for a claim at the local court.

FAQ

Can a single housemate terminate the entire WG?

That depends on the contractual arrangement: If each tenant has their own sublease, each can terminate separately. In the case of joint liability or a shared lease, the consent of the housemates or a contractual regulation is decisive.

Does step rent entail a special notice period?

The step rent regulates the amount of future rents, not automatically the notice periods. These are determined by the lease and statutory provisions.

Which evidence is most important in a dispute?

Photos of the apartment condition, handover protocols, meter readings, repair invoices and all written communications are central.

Key Takeaways

• Clear agreements with housemates reduce conflicts.
• Early evidence collection protects against later claims.
• Formal termination letters and compliance with deadlines are crucial.

Help and Support / Resources

• BGB – Civil Code (Germany)
• Courts and jurisdiction information
• Federal Court of Justice (BGH)

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1. [1] BGB §§ 535–580a — Gesetze im Internet
2. [2] ZPO — Code of Civil Procedure — Gesetze im Internet
3. [3] Federal Court of Justice — Decisions and information