Two rental parties
November 29, 2014 | 30,00 EUR | answered by Tobias Rösemeier
My son lives in a rental apartment with his partner and their child. Both of them have signed the lease agreement. The partnership has ended, and my son wants to move out of the apartment. Can my son terminate the lease agreement on time for himself, even if his former partner does not want to terminate the lease agreement?
Dear inquirer,
Thank you for your inquiry.
I will address your concern as follows:
If both partners are named as tenants in the rental agreement and both have also signed the contract, then they are both tenants.
Neither partner can terminate the lease agreement alone.
This can only be done jointly.
If one partner refuses to agree to the termination, the partner who wishes to move out must first formally terminate the tenancy community to the other partner. Once the community has been terminated, its former members are legally obligated to sign a termination notice to the landlord. If they do not do so, the agreement to terminate must be enforced through civil action.
Therefore, the son should ask the partner in writing to agree to terminate the lease at the earliest possible time due to the end of the partnership and set a deadline.
Alternatively, it is possible to negotiate with the landlord for a release from the lease agreement. However, this can only be done voluntarily, meaning both the landlord and the remaining partner must agree. The agreement must then be put in writing.
I hope I have been able to clarify the legal situation for you and assist you further.
Best regards,
Tobias Rösemeier
-Lawyer-
