Tenant has died: what happens to the lease and the flat
Who takes over the lease, who can give notice, and how to take the flat back from the heirs.
When a tenant dies, the tenancy passes to relatives who lived in the household. If nobody takes it over, it passes to the heirs, and then the heirs and you can both give notice within one month. Record the flat's condition with the heirs before it is cleared.
What to do after a tenant has died
Take these steps calmly and in this order. The relatives have other things on their minds, and clear steps help both sides.
- 1
Find out who takes over the lease
If a spouse, partner, children or other relatives lived in the household, they usually take over the lease.
- 2
Find out who the heirs are
If nobody takes over, the lease continues with the heirs. A certificate of inheritance or a will shows who they are.
- 3
Note the one-month deadline
You have one month to give notice. It starts on the day you know that the tenant has died and that nobody has taken over the lease.
- 4
Visit the flat before it is cleared
Walk through the flat with the heirs before the furniture and household goods are taken out.
- 5
Record the return of the flat
After the flat is cleared, record every room and confirm in writing that you received the keys.
- 6
Settle the Kaution
Settle the Kaution (deposit) with the heirs, after you deduct unpaid rent and damage you can prove.
Why this matters
Claims for damage expire six months after the flat is returned (§ 548 Abs. 1 BGB). This also applies to claims against heirs. You have to be able to prove what you claim, and once the flat is cleared, nobody can see what it looked like before.
General information, not legal advice.
Frequently asked questions
Do I need a reason to give notice to the heirs?
No, you do not need a reason to give notice to the heirs. When you give notice to heirs under § 564 BGB, the rules on a legitimate interest do not apply (§ 573d Abs. 1 BGB). You only have to give notice within the one month and keep to the statutory notice period.
Who gets the Kaution back when a tenant has died?
The Kaution is part of the tenant's estate, so you settle it with the heirs. If there are several heirs, settle it with all of them together. You can deduct unpaid claims from the tenancy.
What if all the heirs turn down the inheritance?
If all the heirs turn down the inheritance, you have nobody to deal with. You can apply to the probate court for a Nachlasspfleger (estate administrator, § 1961 BGB). You then handle the notice and the return of the flat with the Nachlasspfleger.
Also in this topic: Räumungsklage for rent arrears: the steps in orderIndexmiete: how to calculate a VPI increaseMieterhöhung in Germany: a landlord's guide 2026 (§ 558 BGB)Mietpreisbremse 2026: how much can the new rent be?
Is the flat about to be cleared?
Arrange to visit the flat together with the heirs, and record every room before anything is taken out. BildProof guides you through the flat and creates a structured condition report.
Create your proof