Discussion Simplifying the Process of Terminating a Shared Lease for Victims of Domestic Abuse in Germany
Discussion Simplifying the Process of Terminating a Shared Lease for Victims of Domestic Abuse in Germany
Currently, a lease co-signed by victim and abuser can only be terminated with the approval of the abuser, since they are party of the contract. While the victim has a legal claim to the approval of the termination by their abuser, it can take years of going through the court system to actually assert this claim, during which time the victim can be held financially responsible for part of or even the full amount of rent. This financial burden can significantly delay the victim's fresh start or force them to stay in the apartment with their abuser until the end of the court procedure.
In opposition to this law initiative, landlords worry they will be forced into contracts with only one renting party remaining, when two renting parties were specifically agreed upon and the financial situation of the victim may have been a deciding factor for the landlord. (side note for non-Germans: German renting law is very strictly in favour of renters, it's nearly impossible to terminate a lease without cause as a landlord.)
This could be easily circumvented by adding a clause with the option to extraordinary termination for the landlord in case of termination of the lease by a victim of domestic abuse, though this is not mentioned in the article; § 2 Gewaltschutzgesetz already provides the legal option of assigning the co-rented apartment of abuser and victim to the exclusive use of the victim, thus a clause for extraordinary termination for the landlord wouldn't disproportionately disadvantage the abuser on his housing rights.
Source (in German): https://www.lto.de/recht/hintergruende/h/jumiko-beschlussvorlage-haeusliche-gewalt-mietvertrag-kuendigung-gallina
In June 2025, Germany's ministers of justice are to debate over a law initiative allowing victims of domestic abuse to more easily terminate the lease to an apartment co-rented with their abuser.
Currently, a lease co-signed by victim and abuser can only be terminated with the approval of the abuser, since they are party of the contract. While the victim has a legal claim to the approval of the termination by their abuser, it can take years of going through the court system to actually assert this claim, during which time the victim can be held financially responsible for part of or even the full amount of rent. This financial burden can significantly delay the victim's fresh start or force them to stay in the apartment with their abuser until the end of the court procedure.
In opposition to this law initiative, landlords worry they will be forced into contracts with only one renting party remaining, when two renting parties were specifically agreed upon and the financial situation of the victim may have been a deciding factor for the landlord. (side note for non-Germans: German renting law is very strictly in favour of renters, it's nearly impossible to terminate a lease without cause as a landlord.)
This could be easily circumvented by adding a clause with the option to extraordinary termination for the landlord in case of termination of the lease by a victim of domestic abuse, though this is not mentioned in the article; § 2 Gewaltschutzgesetz already provides the legal option of assigning the co-rented apartment of abuser and victim to the exclusive use of the victim, thus a clause for extraordinary termination for the landlord wouldn't disproportionately disadvantage the abuser on his housing rights.
Source (in German): https://www.lto.de/recht/hintergruende/h/jumiko-beschlussvorlage-haeusliche-gewalt-mietvertrag-kuendigung-gallina