Hello everyone,

I have a legal question regarding a clause in a shared flat (WG) rental contract and was hoping someone here might know more about this.

I currently live in a 3-person WG with a joint rental contract. The contract basically states that no single tenant is allowed to leave or terminate the tenancy individually — only the entire WG together can terminate the contract.

However, I’ve heard from multiple sources that clauses like this may actually be invalid because they excessively restrict a tenant’s personal freedom and legal rights.

So my question is:
Is such a clause actually legally enforceable, or would it still be possible to leave the tenancy with the standard 3-month notice period (for example via registered mail)?

Some background:
The landlord has been consistently ignoring concerns and requests sent via email and even postal mail for months — not only mine, but also those of the other tenants. Requests regarding replacement tenants, responses, and general organizational matters are apparently being deliberately avoided or delayed, which has made the whole situation increasingly problematic. So unfortunately, I’m already aware that the landlord is not acting particularly fairly or transparently.

What mainly interests me is the legal aspect:
Can such a clause really prevent a single WG tenant from terminating their participation in the rental agreement, or could it potentially be considered invalid?

Thanks in advance!



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Bramozed222

3 comments

  1. The landlord signed a contract with 3 people. You can’t unilaterally change that and force the landlord into a contract with two people. Where did you hear it’s invalid? Was there a recent court case they mentioned?

    Edit: And of course you can leave. The landlord can’t force you to live there. But that doesn’t mean you can get out of your financial responsibility.

  2. That’s pretty normal. If you all sign the contract, you’re in the contract collectively, not individually. So if 2 people want to stay in the contract, 1 person can’t cancel just for themselves. Those are not 3 individual contracts, but one that covers 3 people.     

    However, you can change a contract at any time if all people agree. And usually that’s just how it works. You say you want to move out, the landlord asks you to find a new person for the WG, then everyone mutually agrees to change the contract, so that you’re out and your replacement is in.     

    However, it’s still a risk to sign a contract collectively, because the landlord is not legally obligated to agree to such a deal. It’s very common, but not mandatory. 

  3. Yes it’s a collective agreement, that can only be altered or terminated by all parties together.

    You have the right to terminate your individual participation if you have another renter who moves in after you as stated in the contract that’s already a big plus and not the norm

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