Joint rental agreement
June 7, 2009 | 40,00 EUR | answered by Dr. Lars Nozar
A few years ago, I signed a rental contract for an apartment with my former partner. Since separating from my partner, I wanted my name to be removed from the contract. This request was denied by the landlord. My ex-partner does not feel inclined to support me in this matter, so I remain responsible as a contract party for the apartment (rent, etc.). What options do I have to get out of the contract?
Hello,
It is correct that you are jointly and severally liable for the rent payments.
If necessary, you can legally compel the co-tenant to give their consent to the termination. Only then can you end your liability for the rent and additional costs towards the landlord.
If consent is refused, the possibility of legal action for consent is available. The court judgment will then replace the co-tenant's consent.
Please note that in a joint tenancy agreement, the termination must be issued by each tenant. The missing signature of the co-tenant will be replaced by the judgment. A certified copy of the judgment must be delivered to the landlord simultaneously with the termination. Please note that delivery should be done by a messenger (with witnesses) or even safer, by a bailiff. Or with a confirmation of receipt. Depending on the landlord's disposition and the evidence required.
Also, please consider the following as an argument for a potential court case:
Judgment of the
Berlin Regional Court, 63rd Civil Chamber, dated February 19, 2002, Ref: 63 S 495/97:
Cologne Higher Regional Court, 16th Civil Senate, Decision of June 21, 1999, Ref: 16 W 16/99
Conclusion:
After the failure of the partnership, you can demand cooperation from the other party in terminating the tenancy agreement for the jointly occupied apartment.
I hope this information is helpful. Best regards.
