Tenant Guide: Ending a Flatshare Lease in Germany

Many tenants in a flatshare eventually face the question of how to coordinate termination fairly and on time. In Germany, written terminations, clear deadlines and agreed handovers are important so that no one is disadvantaged legally or financially. This guide explains in plain language what steps tenants should follow, how the formal termination must be worded, which deadlines are common and how to organize the handover. It also helps avoid conflicts between flatmates and shows when a court or the local court may need to be involved.

What must a flatshare termination include?

The termination must be in writing and signed by the tenant giving notice. State the date, the apartment address, the rental contract (if known) and the desired termination date. Referencing the statutory basis in tenancy law helps the landlord immediately check the deadline.^[1]

Deadlines and timelines

Common notice periods depend on the rental agreement and contract type; many open-ended tenancies use a three-month notice period unless other agreements apply. Clarify who is named as tenant in the contract: joint tenancy has special rules, while individual contracts require each tenant to give notice separately. For eviction claims or court proceedings, procedural rules under the Code of Civil Procedure apply.^[1][2]

• Check the notice period and set an end date.
• Draft and sign the written termination.
• Prove delivery (e.g., by registered mail or handover with receipt).
• Take photos and prepare a handover protocol for condition and meter readings.

Practical sample wording and forms

A clear termination letter includes: subject "Termination of tenancy", full address, desired end date and signature. Example: "I hereby terminate my tenancy for the apartment Musterstraße 1, 12345 Musterstadt, effective [date]." There is no standardized governmental form for termination; the formal requirement (written form, signature) follows from the law.^[1]

Flatmates, joint contracts and replacement tenants

With joint main tenancy, all tenants should consider the consequences of termination: contracts may require consent for a single tenant to leave, and remaining tenants or the landlord may need to approve a replacement tenant. Agree who covers which costs (e.g., the deposit share) and document agreements in writing.

• Agree who gives notice and who remains on the contract.
• Negotiate replacement tenants and handover conditions in writing.
• Check deposit settlement and document any claims.

Handover and handover protocol

Arrange a fixed handover appointment with key transfer and prepare a joint protocol: meter readings, existing damage, photo attachments and signatures. A complete protocol reduces the risk of later disputes. For damage, consider an amicable solution or a written agreement on who pays which costs.

When to involve legal help or the local court

If flatmates block the termination, the landlord files an eviction suit, or there is disagreement about deadlines and jurisdiction, the local court (Amtsgericht) often decides. Formal rules of civil procedure apply.^[2] For precedent or fundamental interpretations, decisions of the Federal Court of Justice may be relevant.^[3]

FAQ

Who must sign the termination if multiple tenants are listed on the contract?

For joint main tenancy, all tenants listed in the contract should clarify whether a single tenant may give notice; often the signature of the tenant who gives notice is sufficient, but this depends on the contract.

Can a flatmate prevent the termination?

A flatmate can prevent unilateral termination only if contractual obligations or grounds for non-termination exist; otherwise, statutory or contractually agreed notice periods apply.

Which delivery methods are safe for the termination?

Delivery against receipt or registered mail with return receipt is recommended to prove the landlord received the termination.

How-To

1. Check the rental agreement and clarify who may give notice.
2. Calculate the notice period and choose a realistic termination date.
3. Create the written termination letter with date, address and signature.
4. Ensure proof of delivery (registered mail or handover with signature).
5. Organize the handover: protocol, photos, meter readings and key return.
6. Agree on deposit settlement and record any claims in writing.

Help and Support / Resources

• [1] Federal Ministry of Justice and Consumer Protection (bmj.de)
• [2] Laws on the Internet (gesetze-im-internet.de)
• [3] Federal Court of Justice decisions (bundesgerichtshof.de)

1. [1] BGB §§ 535–580a (gesetze-im-internet.de)
2. [2] Code of Civil Procedure (zpo) (gesetze-im-internet.de)
3. [3] Federal Court of Justice decisions (bundesgerichtshof.de)