I rented an apartment with a friend. My friend who is German, was the contact person with the landlord making the arrangements before I moved to Dusseldorf. Both our names are on the rental agreement.
Now that we have decided to part:
- is it possible for this friend to go directly to the landlord and cancel the lease without me agreeing?
- I would like to keep the apartment, how would I proceed?
The landlord and my friend are friends:
- are there any legal actions I need to know, if the landlord decides she will not give me the lease to continue?
- how long would I have to move out, if this lease is terminated?
Thank you!
Can my Roommate Cancel the rental agreement?
nadineanderson
30 April 2020 15:35:11
9
beppi
30 April 2020 16:35:16
14800
- A rental contract signed by two people can ONLY be terminated by both of them together. If you do not agree to terminate, both of you continue to rent the apartment (i.e. have to pay the rent and have the right to stay there).
- If the contract is terminated, the landlord is free to decide whom next to rent the apartment out to. It could be you, your (ex-)friend, somebody else or no-one.
- For the termination period, please check your contract. It is a minimum of 3 months by law, or more if you stayed there long.
The best course of action is to find a mutually agreeable solution with all involved, landlord, (ex-)friend and you!
TominStuttgart
01 May 2020 11:57:31
2615
I think Beppi has covered the legal viewpoint. From a practical standpoint I would wonder what the intention of this friend is? Do they want to take over the apartment for themselves or to move out and be out of the contract? If they want out then it would not seem to be a problem for you to just continue on as a sole renter. Or is there a specific reason the landlord wouldn't want you out? As long as the rent gets paid then it is a pain for them to try to force someone out and doesn't really offer any benefit. If the friend wants the apartment then it is basically between you and them and resolving the conflict might get difficult as they have the closer relationship to the landlord. I'm not sure how this is legally resolved. Normally, one person is the main renter and others, even with a contract, are designated sub-renters rather than co-renters. When things go well, the difference is irrelevant but in such a situation it could be critical.
Subscribe to this topic
Articles to help you in your expat project in Germany
Accommodation in Germany
Despite the COVID-19-induced economic crisis and thanks to the government's and central bank's relief ...
Popular neighbourhoods in Frankfurt
Frankfurt is an international city and an important financial center in Europe, and each neighborhood has a story ...
Buying property in Frankfurt
Frankfurt has a very lively real estate market, and buying a house there is, without a doubt, a worthy long-term ...
Accommodation in Stuttgart
Stuttgart, the capital city of the Baden-Württemberg region, is one of Germany's most diverse cities ...
Accommodation in Cologne
Cologne is one of Germany's top destinations for visitors and expats. It is the largest city in the North ...
Buying property in Berlin
Buying property in Berlin is easier than in most European cities when it comes to the bureaucracy and formalities ...
Open a bank account that suits you
Discover the best international banks to manage your money securely.
"