Terminating a Roommate Lease: Tenant Rights in Germany 2025

As a tenant in a shared flat in Germany, it is important to coordinate lease terminations clearly. Whether one roommate terminates alone, several move out together or a successor tenant is sought: deadlines, form and delivery often determine legal certainty. This text explains in plain language which deadlines apply, how a written termination letter should be structured and which steps make sense in the flatshare, such as coordination, deposit arrangements and handover. We also name official legal bases and forms, show examples for delivery and explain when a court can be involved. If you are unsure, we also name contacts and how to securely document evidence such as emails or photos.

Termination in shared flats: what to consider?

First important point: who is named on the lease? If only one person is named, that person can generally terminate alone. With multiple primary tenants, termination usually must be declared by all jointly if the contract lists them as jointly liable. The deadlines are generally governed by the BGB; you can find exact provisions in the relevant sections.^[1] If there is uncertainty about contract status, roommate rights or in case of disputes, the local Amtsgericht is the first point of contact for tenancy cases.^[2]

Practical steps in the flatshare

• Observe deadlines (deadline): check when notice periods start and end.
• Submit termination in writing (file): prepare a signed letter with the date.
• Clarify deposit and refunds (deposit): determine who is entitled to repayment and how deductions are calculated.
• Plan handover and key return (move out): agree on a date, key handover and a handover protocol.
• Document defects (repair): take photos and make defect lists to avoid disputes.

FAQ

Can a single roommate terminate the lease?

If only their name is on the lease, yes. With multiple parties on the contract, it depends on the wording; often a joint termination is required.

What notice period applies for tenants?

In many open-ended tenancies the statutory notice period for tenants is three months; check the contract and the provisions in the BGB.^[1]

How do I prove delivery of the termination?

Registered mail with return receipt or personal delivery against a receipt is common; keep copies and evidence in case of a legal dispute.

How-To

1. Check the lease: who is tenant or co-tenant (file).
2. Discuss the approach with all roommates and agree on deadlines and responsibilities (contact).
3. Draft a formal termination letter with date, address, signature and desired end date (file).
4. Deliver the termination on time and document the delivery (deadline).
5. Plan the handover and return of keys and create a handover protocol (move out).

Help and Support

• Federal Court (BGH) – case law and guidance
• Judiciary portal: local courts and contact information
• Laws online: Civil Code (BGB)

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Justizportal der Länder – justiz.de
3. [3] Bundesgerichtshof – bundesgerichtshof.de