Ask a lawyer on the topic of Tenancy law

Joint Lease Agreement Separation Roommate Exchange as Main Tenant despite negative Schufa

February 21, 2013 | 30,00 EUR | answered by Bernhard Müller

Hello,

I am currently living with my ex-boyfriend and 2 roommates in a shared flat, where my ex and I are the main tenants and the others are living with us only through a sublease agreement that we set up ourselves (as requested by the property management).

Now I have a problem, as my ex-boyfriend became violent, the neighbors called the police, but I didn't make a report out of shock.

My biggest wish now is simply to be able to leave the apartment and get out of the lease agreement. The earliest termination date for the apartment would be September, as we signed to stay there for at least a year.

My ex-boyfriend, who has been completely ignoring me since then, has only made it clear to me once that he will definitely not terminate the lease because he has just paid off the high commission.

As the sole main tenant, he could not afford the apartment on his own and the apartment company allows subtenants, but only unofficially, so it doesn't matter whether they always pay rent on time and thus relieve my ex or not.

Both subtenants have negative entries in the Schufa, so they probably cannot simply officially replace me in the lease, even though one of them has said he would like to do so in order for me to get out of here...

Do I even have a chance to move into a new apartment without having to pay two rents? This, of course, preferably as soon as possible...

Best regards

Bernhard Müller

Dear inquirer,

the contract can only be terminated jointly by both main tenants. Your ex is not willing to do so.

A second possibility would be for the landlord and both main tenants to agree on a contract amendment where your ex becomes the sole main tenant. From what I understand, the landlord is likely not willing to do so because your ex does not have enough income. However, you should first ask the landlord if he is willing to consider this.

A third possibility would be to request an eviction of your ex for 6 months under the Domestic Violence Protection Act and then stay in the apartment without him. His violent behavior has ensured that such a request would be successful.

If none of the above options are feasible for you, the only option left is to take your ex to court to compel him to agree to the termination. The judgment would then replace your ex's declaration of will, i.e. the termination by your ex.

I hope that my response was able to help you.

Sincerely,

Bernhard Müller
Attorney at Law