– Update:
Good to know
- The simplest solution is an amicable contract change
Content
- Procedure for a Rental Agreement in Germany After Divorce
- Should a New Rental Contract be Drawn Up?
- What If the Landlord Disagrees
- Fazit
Procedure for a Rental Agreement in Germany After Divorce
If both spouses signed the apartment or house rental agreement (Mietvertrag), they are both considered joint tenants (Hauptmieter) with equal rights and obligations towards the landlord. When one spouse moves out of the apartment does not automatically release them from the rental contract. They remain legally responsible for rent payments and any potential damages, regardless of whether they still live there.
There are several ways to handle this situation:
1. Mutual Agreement to Amend the Contract (The Simplest Option)
- Contact the Landlord: The best and easiest approach is for both spouses to contact the landlord together and explain the situation.
- Request a Release from the Contract: You can ask for the spouse who is moving out to be released from the agreement, allowing the remaining spouse to continue the tenancy under the same or new terms.
- Consent from All Parties is Required: This change requires the consent of all three parties: both spouses and the landlord. Before the divorce is legally finalized, the landlord is not legally obligated to agree to this change.
2. Signing a New Contract or an Addendum
- New Contract: The landlord might suggest terminating the old joint contract and signing a completely new one solely with the spouse who is staying. Caution is advised here, as a new contract could include less favorable terms, such as a rent increase.
- Addendum to the Contract: Alternatively, an addendum (a “Nachtrag” in German) can be added to the existing contract. This document would confirm that one spouse is leaving the tenancy and the other is taking it over as the sole tenant.
3. Legal Rights After the Divorce is Final
- Landlord’s Obligation: The situation changes once the divorce is legally final. According to German law (Article 1568a BGB), if the ex-spouses agree on who will remain in the apartment, the landlord is obligated to agree to continue the rental agreement with that spouse alone.
- Notification Deadline: It is important to notify the landlord of this decision within one year of the divorce becoming legally final.
Should a New Rental Contract be Drawn Up?
Not necessarily. As mentioned above, the situation can also be resolved by amending the existing rental contract or adding an addendum. Signing a completely new contract is one possibility, but not the only one. The most important thing is to officially regulate the legal status of the agreement so that the person who has moved out is no longer legally bound by it.
What If the Landlord Disagrees?
If the landlord is unwilling to release the departing spouse from the rental contract before the divorce is final, that spouse remains a joint debtor. In this case, the former partners should create a written internal agreement specifying who is responsible for paying the rent to avoid future disputes.
Conclusion
In summary, it is highly recommended that both spouses contact the landlord as soon as possible to try and reach a mutual agreement. The cleanest solution is to create an addendum to the contract or a new contract issued only in the name of the spouse remaining in the apartment.
Important: The information provided here only serves as a general orientation and does not represent legal advice. You should always consult a qualified lawyer for individual legal questions and specific advice.