Ina Ree­se Tax & Legal Prac­ti­ce – Flens­burg | Harrislee

Domestic violence: Draft bill makes it easier to terminate a joint tenancy agreement

Domestic violence: Draft bill makes it easier to terminate a joint tenancy agreement

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.

This post and the accom­pany­ing image were crea­ted with the help of AI and have been edi­to­ri­al­ly reviewed.

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