Anyone living in a flat with a perpetrator of domestic violence has, until now, faced a serious problem under tenancy law: a joint tenancy agreement can, in principle, only be terminated jointly. If the violent partner refuses to consent to the termination, the only option available to those affected has so far been to go through a lengthy court case. That is now set to change.
What are the Ministry of Justice’s plans?
On 5 October 2026, the Federal Ministry of Justice published a draft bill to amend the Protection Against Violence Act. A draft bill is an initial official draft of a bill which is first sent to the federal states and associations for comment before it goes through the parliamentary process. Comments could be submitted until 30 October 2026.
At the heart of the draft legislation is a new legal right: victims of domestic violence should be able to require the perpetrator to agree to the termination of the joint tenancy agreement. A separate court proceeding to enforce this termination would then no longer be necessary.
Which cases is the new regulation intended to cover?
The claim is to apply regardless of the nature of the relationship between the perpetrator and the victim. Even mere threats of violence, where no physical assault has taken place, are to be deemed sufficient. The claim may be made within six months of the act of violence or the threat.
Protection against financial consequences
The draft also contains another important provision: those affected should not be left to foot the bill for rent arrears or costs arising from damage to the property that occurs after they have left the shared flat. They are to be granted a legal right to claim that the perpetrator covers such costs. This closes a loophole that previously existed, as both tenants are jointly liable to the landlord, regardless of who actually caused the costs.
Background: The long road to this draft
As early as December 2025, the states of Hamburg, Mecklenburg-Western Pomerania, Saarland and Lower Saxony had launched an initiative in the Bundesrat. In March 2026, the Bundesrat then adopted its own draft bill to amend the Protection Against Violence Act and urged the Federal Government to take action. The Federal Government subsequently announced its own legislative proposal and fulfilled this promise with the draft bill published in October 2026.
What does this mean for those affected and landlords?
For victims of domestic violence, the proposed legislation would make it possible to terminate a joint tenancy more quickly and without having to go through stressful court proceedings. For landlords, the basic liability situation vis-à-vis both tenants remains unchanged for the time being; however, those affected will have a clearly defined right to compensation from the perpetrator for liabilities arising after they have moved out.
As this is currently still a draft bill, the law has not yet come into force. Anyone finding themselves in a similar situation should seek legal advice at an early stage in order to be aware of the options currently available and to ensure they do not miss any deadlines.
Source: Haufe: Property
This post and the accompanying image were created with the help of AI and have been editorially reviewed.
