Rented flat after a death: notice, deadlines and clearance

Stepping into the lease and continuation of the tenancy (§§ 563, 563a, 564 BGB)

Who takes over the tenancy agreement after a death depends on the household setup. Where several people were already joint tenants, the lease continues with the surviving tenants under § 563a BGB. If a spouse, civil partner, children or other qualifying family members shared a household with the deceased tenant, they have a statutory right to step into the lease under § 563 BGB. Anyone who does not wish to continue the contract must notify the landlord within one month of learning of the death.

If the deceased lived alone and nobody steps into the tenancy, the lease passes by law to the heirs under § 564 BGB. Ongoing rent and service charges then form part of the estate’s liabilities.

Special right of termination and statutory notice period for heirs

Under § 564 sentence 2 BGB, both the heirs and the landlord are entitled to terminate the tenancy extraordinarily with the statutory notice period (§ 573d BGB) within one month of learning of the tenant’s death and that no household member is stepping into the lease.

The statutory notice period is approximately three months: if written notice reaches the landlord no later than the third working day of a calendar month, the tenancy ends at the close of the month after next. Notice must be given in writing and signed by hand – where there is a community of co-heirs, all heirs generally sign jointly.

• Exercise the special termination right within one month of knowledge (§ 564 BGB)
• Written form with original handwritten signature (not email or fax)
• For multiple co-heirs: signed jointly by all heirs or with power of attorney

Crucial before clearing: accept or disclaim the inheritance?

Under § 1944 BGB, the deadline for disclaiming an insolvent inheritance is generally six weeks from learning of the death and the basis of inheritance (or from official notification by the probate court in the case of a will; six months in certain cross-border cases). Have the exact deadline checked if in doubt.

Important: anyone who clears the flat, sells estate items or terminates the lease as heir before deciding may inadvertently accept the inheritance through conduct. While disclaiming the estate is still under consideration, do not commission a house clearance before checking with the probate court or a lawyer.

A sensible order of steps for an estate clearance

Once heirship is settled and notice has been served, a structured sequence keeps everything manageable up to the end of the tenancy:

• Secure personal certificates, wills, contracts, keys and valuables from the flat first
• Review the tenancy agreement, serve written notice by recorded delivery and arrange a pre-inspection with the landlord
• Take interim meter readings; cancel or transfer electricity, gas, phone, internet, insurance and the broadcasting fee (Rundfunkbeitrag)
• Schedule the household clearance, any agreed cosmetic repairs and the end-of-tenancy clean well before the lease ends
• Complete the handover with a written inspection report, final meter readings and full key return

House clearance, cosmetic repairs and broom-clean handover

By the end of the notice period, the flat, cellar compartment, loft and garage must be handed back completely cleared. Whether drill holes also need filling or walls repainting depends on the valid clauses in the tenancy agreement and the original move-in report.

Avoid scheduling the flat clearance for the very last days of the month: leaving a buffer gives you time if wall repairs, painting or a thorough final clean are needed once heavy wardrobes have been removed.

Bereavement clearance and handover preparation in Riesa from one team

TF Clean supports relatives and heirs across Riesa and the surrounding area with complete household and estate clearances – optionally including dismantling, redecoration and end-of-tenancy cleaning right up to landlord handover. Tell us the flat size and lease end date, and send a few photos for a clear quote.