Tenant deceased: terminating and clearing the apartment

When the tenant dies, the lease does not end automatically. The law regulates precisely who can enter the contract and which special termination rights exist. For surviving dependents and heirs it is important to know the short deadlines.

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Spouses, civil partners or family members living in the household can enter the tenancy (§ 563 BGB). If they do not, it is continued with the heirs (§ 564 BGB).

Both those who enter and the heirs have a special termination right: they can terminate the tenancy extraordinarily within one month of gaining knowledge, observing the statutory deadline.

What you should do now

1
1. Clarify entry
Check whether a household member wants to enter the contract or wishes to end the tenancy.
2
2. Use the special termination
Within one month of learning of the death, extraordinary termination is possible, in writing and within the deadline.
3
3. Inform the landlord
Notify the landlord of the death and arrange handover, keys and clearing.
4
4. Deposit and settlement
Have the deposit paid out to the heirs after return and settlement.

How to spot the scam

The one-month deadline for the special termination is missed.
Heirs keep paying rent although they could terminate.
The landlord demands clearing without observing the termination deadline.

Frequently asked questions

Does the lease end with the death of the tenant?

No. The contract continues, either with household members who entered (§ 563 BGB) or with the heirs (§ 564 BGB). But both sides can terminate it extraordinarily within one month of gaining knowledge.

As an heir do I have to keep paying rent?

Until the tenancy ends, the rent obligation continues. That is why it is important to use the special termination right in time, so as not to pay rent unnecessarily long. With the statutory deadline the contract then ends promptly.

Who may enter the lease?

Above all the spouse or civil partner, in addition children and other family members as well as persons who ran a permanently established joint household with the tenant, provided they lived in the apartment (§ 563 BGB).

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.