Tenancy in the Event of Death: Rights and Obligations of Family Members and Landlords

The death of a loved one not only brings emotional distress but also often raises a host of organizational and legal questions. Especially when the deceased was a tenant, the question arises: What happens to the apartment? Who is allowed to stay? Who is responsible for paying rent? And how can a landlord act in a legally sound manner in this situation?

Tenancy law provides clear regulations for such cases, which may differ from general inheritance law. In this article, we explain the most important legal principles regarding the continuation or termination of a tenancy following the tenant’s death—in a clear, practical, and legally sound manner.

If a tenant dies, this does not automatically mean the end of the tenancy. Nor does a tenancy end with the death of the landlord. The German Civil Code (BGB) provides clear regulations in §§ 563 ff. BGB on how the tenancy can be continued or taken over. These provisions take into account that for many people, a home is more than just a rental property—it is the center of their lives and a family retreat. For this reason, tenancy law includes provisions that differ in some respects from general inheritance law.

Who can assume the tenancy? – The right of assumption under § 563 BGB

• Section 563 BGB governs the right of succession in favor of persons who shared a household with the deceased tenant. The spouse or domestic partner has priority in taking over the existing lease. If no such partner exists or if the right of succession is expressly declined, the children and other household or family members follow in order of priority.

Important: For children, it is sufficient that they have lived in the apartment. Other relatives must have maintained a permanent shared household with the deceased in order to be eligible to assume the lease.

Continuation of the tenancy with surviving tenants pursuant to § 563a BGB

In the case of jointly entered into tenancy agreements, the agreement is continued with the remaining tenants in the event of death. Prerequisite: The affected persons would—if they were not already tenants—be permitted to enter into the tenancy agreement under § 563 BGB. In this way, the law protects spouses or domestic partners, children, and other relatives who lived with the deceased in a long-term shared household.

If there is no right to enter into the lease: Continuation with the heirs

If the deceased lived alone or if persons who are not entitled to enter the tenancy are living in the apartment, § 564 BGB applies. In this case, the tenancy passes to the heirs—even if they did not live in the apartment. The heirs have the right to terminate the lease agreement extraordinarily within the statutory notice period.

For landlords, however, the situation can become complicated, for example if no heirs are known. In such cases, it is possible to appoint an estate administrator through the probate court. This person acts on behalf of the estate to communicate with the landlord, can accept notices of termination, and arrange for the apartment to be vacated.

Conclusion

The death of a tenant entails complex legal consequences that depend heavily on the individual’s personal circumstances. Both relatives and landlords should be aware of their rights and options to avoid unnecessary conflicts or delays. The legal regulations provide a clear framework for this—nevertheless, legal advice is recommended in case of doubt.