Terminating in Shared Flats: Tenant Rights Germany

As a tenant in a shared flat in Germany, a termination often involves several parties and deadlines. This guide explains in plain language how flatmates can coordinate terminations, which statutory deadlines under the BGB apply, which forms are useful and how to secure evidence. You will get practical steps for timely delivery, sample wording, notes on re-renting within the flat and tips on when to talk to the landlord or the local court. The information reflects current law and is aimed at tenants without legal training. At the end you will find official forms, links to courts and practical templates so you can submit a WG termination reliably and legally. We show how to calculate deadlines, document delivery methods and the role of tenancy law under the BGB.

What applies legally when terminating in a shared flat?

A termination must be in writing and signed by the person giving notice; verbal agreements are not sufficient. The basic rules in tenancy law are found in the German Civil Code (BGB)^[1]. Whether a flatmate can terminate alone depends on the contract: if all roommates are jointly on the lease, a unilateral termination has different effects than in individual or sublease contracts. If in doubt, the local court (Amtsgericht) is the first judicial instance for tenancy disputes^[2].

Practical steps for coordination

• Agree together on dates and deadlines.
• Appoint one person as the contact for the landlord and authorities.
• Prepare the termination letter: clear text, handwritten signature, date.
• Secure receipts, the lease and photos of the apartment.
• Document delivery by registered mail or courier.
• Clarify deposit and any outstanding payments.
• Plan key handover and the moving-out date.

Important: There is no official, nationwide form for a simple tenant termination; the written form requirement is decisive. For court procedures or payment claims, standardized forms such as the payment order (Mahnbescheid) are available on justice portals (Justizportal)^[3]. If the landlord or flatmates assert claims, complete documentation and a detailed handover protocol help.

FAQ

Can one flatmate terminate the lease alone?

That depends on the contract: if all persons are jointly on the lease, a unilateral termination has different effects than in individual contracts or subletting; check the lease and talk to the landlord.

Does the termination need to be justified?

For an ordinary termination by the tenant, a justification is usually not required; for extraordinary immediate termination, important reasons must be given in writing.

What if a flatmate refuses to cooperate?

Document attempts to reach agreement, check the lease and consider legal advice or contacting the local court.

How-To

1. Check contractual deadlines and calculate the final termination date.
2. Draft a written termination letter and sign it personally.
3. Deliver: send the termination by registered mail with return receipt or hand it over against a signature.
4. Take photos and prepare a handover protocol to document the condition at move-out.
5. Clarify the deposit: agree in writing on return procedures and deadlines.
6. If dispute remains: file a claim at the local court or seek legal advice.

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Federal Court of Justice – Rental law decisions
• Justice Portal – Procedures and forms

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1. [1] German Civil Code (BGB) – Gesetze im Internet
2. [2] Justice Portal – Information on local courts and procedures
3. [3] Federal Court of Justice – Rental law decisions