Tenant deceased: who may stay in the apartment?
When the main tenant dies, the worry of losing the apartment is great. But the law protects the surviving dependents: certain relatives automatically enter the lease and can keep the apartment.
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What you should do now
- 1
1. Check eligibility to enter
Do you belong to the protected group (spouse/life partner, child, household members)?
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2. Inform the landlord
Notify the landlord of the death and the entry.
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3. Mind the deadline
If you do not want to enter, declare that within one month.
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4. Check any termination
An extraordinary notice from the landlord needs an important reason; have it reviewed.
Frequently asked questions
Do I have to move out after the death of the main tenant?
No, generally not. On the death of the tenant, the spouse or life partner, children living in the household, and other household members enter the tenancy (§ 563 BGB) and can continue to live in the apartment on the existing terms. If no one enters, the contract is continued with the heirs.
Can the landlord terminate because of the death?
Only to a limited extent. The landlord can give extraordinary notice on the continued tenancy if there is an important reason in the person of the one who entered. The death of the previous tenant alone or the entry of a relative does not justify a termination. In case of doubt, you should have a termination reviewed.
Take action now
We put together the ready-made texts and the right places to contact for you.
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.