Leaving a Cooperative Apartment: What Happens to Your Share

Leaving a housing cooperative works differently than a normal rental termination. It's not just about the apartment — it's also about your membership and the capital stake (Geschäftsanteil) you paid in.

The legal notice period

Under Section 65 GenG, membership can only be terminated as of the end of a financial year, and at least three months before it ends, unless the statutes say otherwise. The statutes are allowed to extend that period — the law permits up to five years, and in certain cases up to ten. If that makes continued membership unreasonable, the law still allows an early termination after a full year of membership.

What happens to your share

Under Section 73 GenG, a departing member's capital stake (Geschäftsguthaben) is generally paid out within six months of membership ending. The basis for that payout is the cooperative's balance sheet at the time you leave, not the amount you originally paid in. Former members generally have no claim on the cooperative's reserves or other assets, though the statutes can, under certain conditions, provide for a share of a results reserve.

Why the payout isn't immediate

The six-month period exists because the cooperative can only process the payout after its annual balance sheet has been finalised. Unlike a rental deposit, which is settled shortly after you hand back the apartment, the size of your capital stake depends on the cooperative's financial position at the balance-sheet date.

What to check before you give notice

The exact notice period in your own cooperative's statutes, since it can run longer than the legal three months
Whether notice has to align with the end of the financial year, and when that year ends
Whether ending your tenancy and terminating your membership have to be declared separately
How the statutes specifically regulate the payout period, since they can deviate from the law as long as the executive board isn't given unilateral discretion over payment terms

If you're still deciding whether a cooperative apartment is worth the commitment in the first place, our guide to the real financial risks of a cooperative share and our comparison of renting, cooperative, and ownership cover what you're signing up for.

Frequently Asked Questions

How long is the notice period at a housing cooperative?

By law, at least three months before the end of a financial year, under Section 65 GenG. The statutes can extend this to up to five years, or ten in exceptional cases.

Do I get my cooperative share back immediately after giving notice?

No. Under Section 73 GenG, your capital stake is generally paid out within six months of your membership ending, based on the balance sheet.

Can I leave earlier if my cooperative's notice period is very long?

Yes. Under Section 65 GenG, a member can terminate early after one year of membership if continued commitment to the agreed period has become unreasonable.