After the death of a loved one, there is a lot to take care of. One of the points: what happens next with the rental agreement? What survivors and landlords need to know.
It is a question that may not immediately arise in the event of death, but at some point the surviving relatives should consider: What should be considered in terms of the rental agreement if the deceased was the tenant? Important questions and answers.
Does the rental agreement automatically expire when the tenant dies?
No. Either the tenancy continues with surviving co-tenants or with the heirs. "Even in the event that the spouse who shared a household with the tenant has not signed the rental agreement, the latter enters into the tenancy upon the death of the tenant," says Rolf Janßen from the DMB tenant protection association in Frankfurt am Main.
The registered life partner has the same right. If the spouse or life partner does not enter into the tenancy, people living in the household - such as children - or other family members can do so.
What if the landlord doesn't approve of the household members as tenants?
The landlord has a special right of termination with the statutory period of three months. He can exercise this within one month after becoming aware of the occurrence of death if the new tenant has an important reason for termination. "It can be, for example, that the landlord has specific doubts about the solvency of the new tenant," says Julia Wagner from the house owners' association
Can landlords demand a security deposit from new tenants?
Yes - even if landlords have not asked for a deposit from the previous tenant who has now died. This is regulated in paragraph 563b of the German Civil Code. The deposit may not amount to more than three months' rent. If the deceased tenant paid a deposit, landlords are obliged to pay out this money to the heirs, provided there are no outstanding claims.
And if the household members do not want to enter into the tenancy?
"In that case, the tenancy continues with the heirs," explains Julia Wagner. However, not only landlords, but also all persons living in a household with the deceased as well as the heirs have the option of terminating the tenancy extraordinarily within one month of learning of the death with the statutory period of three months.
What if the deceased lived alone and there are no heirs?
If no heirs are found or if the surviving dependents refuse the inheritance, the landlord must apply for an estate custodian at the local district court. "The landlady can then issue the ordinary notice of termination to the appointed administrator of the estate," says Julia Wagner.
Can landlords enter the apartment of the deceased tenant if there are no heirs?
No. "Only when danger is imminent," says Julia Wagner. This can be an open window, which should be closed not least because of the weather and to protect against burglary. A pet that is still in the apartment and needs to be taken care of can also be a reason for the landlord to gain access.
However, you should always try to contact the person who is entitled at that point in time, such as the heir. Under no circumstances may landlords vacate the apartment prematurely. Should heirs come forward later, this can result in claims for damages.
What if the deceased still owes rent?
The persons who enter into the tenancy or the heirs must pay for this. Any existing debts of the deceased can be, for example, the additional costs.
And if it looks like cabbage in the apartment left by the deceased person living alone?
The heirs are also responsible for this. "The landlord's claims against the heirs, for example because of cosmetic repairs that have not been carried out, can be limited to the amount of the estate," says Rolf Janßen, referring to a corresponding judgment by the Federal Court of Justice (Az.: VIII ZR 68/12).
But: If the tenant's apartment was infested with vermin due to the death of the tenant who initially went unnoticed, a judgment by the Berlin Regional Court (Az.: 66 S 7/21) means that there is no breach of duty on the part of the tenant and thus also that his heirs are not liable for damages.
