Anyo\u00adne living in a flat with a per\u00adpe\u00adtra\u00adtor of dome\u00adstic vio\u00adlence has, until now, faced a serious pro\u00adblem under ten\u00adan\u00adcy law: a joint ten\u00adan\u00adcy agree\u00adment can, in prin\u00adci\u00adple, only be ter\u00admi\u00adna\u00adted joint\u00adly. If the vio\u00adlent part\u00adner refu\u00adses to con\u00adsent to the ter\u00admi\u00adna\u00adti\u00adon, the only opti\u00adon available to tho\u00adse affec\u00adted has so far been to go through a leng\u00adthy court case. That is now set to change.<\/p>\n
On 5 Octo\u00adber 2026, the Fede\u00adral Minis\u00adtry of Jus\u00adti\u00adce published a draft bill to amend the Pro\u00adtec\u00adtion Against Vio\u00adlence Act. A draft bill is an initi\u00adal offi\u00adci\u00adal draft of a bill which is first sent to the fede\u00adral sta\u00adtes and asso\u00adcia\u00adti\u00adons for com\u00adment befo\u00adre it goes through the par\u00adlia\u00admen\u00adta\u00adry pro\u00adcess. Comm\u00adents could be sub\u00admit\u00adted until 30 Octo\u00adber 2026.<\/p>\n
At the heart of the draft legis\u00adla\u00adti\u00adon is a new legal right: vic\u00adtims of dome\u00adstic vio\u00adlence should be able to requi\u00adre the per\u00adpe\u00adtra\u00adtor to agree to the ter\u00admi\u00adna\u00adti\u00adon of the joint ten\u00adan\u00adcy agree\u00adment. A sepa\u00adra\u00adte court pro\u00adcee\u00adding to enforce this ter\u00admi\u00adna\u00adti\u00adon would then no lon\u00adger be necessary.<\/p>\n
The cla\u00adim is to app\u00adly regard\u00adless of the natu\u00adre of the rela\u00adti\u00adonship bet\u00adween the per\u00adpe\u00adtra\u00adtor and the vic\u00adtim. Even mere thre\u00adats of vio\u00adlence, whe\u00adre no phy\u00adsi\u00adcal assault has taken place, are to be dee\u00admed suf\u00adfi\u00adci\u00adent. The cla\u00adim may be made within six months of the act of vio\u00adlence or the threat.<\/p>\n
The draft also con\u00adta\u00adins ano\u00adther important pro\u00advi\u00adsi\u00adon: tho\u00adse affec\u00adted should not be left to foot the bill for rent arre\u00adars or cos\u00adts ari\u00adsing from dama\u00adge to the pro\u00adper\u00adty that occurs after they have left the shared flat. They are to be gran\u00adted a legal right to cla\u00adim that the per\u00adpe\u00adtra\u00adtor covers such cos\u00adts. This clo\u00adses a loopho\u00adle that pre\u00advious\u00adly exis\u00adted, as both ten\u00adants are joint\u00adly lia\u00adble to the land\u00adlord, regard\u00adless of who actual\u00adly cau\u00adsed the costs.<\/p>\n
As ear\u00adly as Decem\u00adber 2025, the sta\u00adtes of Ham\u00adburg, Meck\u00adlen\u00adburg-Wes\u00adtern Pome\u00adra\u00adnia, Saar\u00adland and Lower Sax\u00ado\u00adny had laun\u00adched an initia\u00adti\u00adve in the Bun\u00addes\u00adrat. In March 2026, the Bun\u00addes\u00adrat then adopted its own draft bill to amend the Pro\u00adtec\u00adtion Against Vio\u00adlence Act and urged the Fede\u00adral Govern\u00adment to take action. The Fede\u00adral Govern\u00adment sub\u00adse\u00adquent\u00adly announ\u00adced its own legis\u00adla\u00adti\u00adve pro\u00adpo\u00adsal and ful\u00adfil\u00adled this pro\u00admi\u00adse with the draft bill published in Octo\u00adber 2026.<\/p>\n
For vic\u00adtims of dome\u00adstic vio\u00adlence, the pro\u00adpo\u00adsed legis\u00adla\u00adti\u00adon would make it pos\u00adsi\u00adble to ter\u00admi\u00adna\u00adte a joint ten\u00adan\u00adcy more quick\u00adly and wit\u00adhout having to go through stressful court pro\u00adcee\u00addings. For land\u00adlords, the basic lia\u00adbi\u00adli\u00adty situa\u00adti\u00adon vis-\u00e0-vis both ten\u00adants remains unch\u00adan\u00adged for the time being; howe\u00adver, tho\u00adse affec\u00adted will have a cle\u00adar\u00adly defi\u00adned right to com\u00adpen\u00adsa\u00adti\u00adon from the per\u00adpe\u00adtra\u00adtor for lia\u00adbi\u00adli\u00adties ari\u00adsing after they have moved out.<\/p>\n
As this is curr\u00adent\u00adly still a draft bill, the law has not yet come into force. Anyo\u00adne fin\u00adding them\u00adsel\u00adves in a simi\u00adlar situa\u00adti\u00adon should seek legal advice at an ear\u00adly stage in order to be awa\u00adre of the opti\u00adons curr\u00adent\u00adly available and to ensu\u00adre they do not miss any deadlines.<\/p>\n