rental-property germany landlord tenant
Landlord rights in case of tenant death in Germany
<p>In the shadow of recent virus outbreak, I could not help but to think about my landlord’s rights if I happen to die. </p>

<p>I can imagine that the German law has this covered. Can someone please point it out?</p>

<p>This is covered in §§ <a href="https://www.gesetze-im-internet.de/bgb/__563.html" rel="nofollow noreferrer">563-564</a> of the <em>Bürgerliches Gesetzbuch</em>, specifically for the death of a tenant.</p>
<p>§ 563 BGB:</p>
<ul>
<li><p>Household members continue your contract in your place, with a hierarchy of spouses before children before other members.</p>
</li>
<li><p>They can each declare within a month that they decline to continue the contract.</p>
</li>
<li><p>The landlord needs a grave objection against a person to decline continuation within a month after the above month.</p>
</li>
</ul>
<p>§ 563a BGB:</p>
<ul>
<li>The same rules apply to any surviving tenants.</li>
</ul>
<p>§ 564 BGB:</p>
<ul>
<li><p>If the contract is not continued with anyone living in or renting, then the contract is continued with the deceased's heirs.</p>
</li>
<li><p>But in this case, both sides can equally terminate the contract within a month.</p>
</li>
</ul>
<p>All deadlines from this section appear to start upon the party receiving notice (of the death / the fact that they are continuing the contract).</p>
<hr />
<p>The death of your landlord has no immediate consequence on your contract.</p>

<h2>Death does not automatically end a contract<sup>1</sup></h2>
<p>Therefore the landlord’s (and tenant’s through their estate) rights and obligations are unchanged.</p>
<p>I can’t speak for Germany but must jurisdiction’s residential tenancy laws give the landlord and the estate and sometimes co-tenants the right to give notice upon death of a tenant.</p>
<p><sup>1</sup> Except for personal services contracts where the service must be performed by the contracted party personally e.g. employment contracts.</p>

<p>German law of succession is based on the concept of universal succession.</p>

<p>That means that your heir(s) will become party to any legal relationship which you used to be party to (there are a few exceptions) and your heir(s) will be liable for all of your debt and liabilities without limitation.</p>

<p>This means that your lease will probably be unaffected by your death. The same happens if your landlord dies.</p>

<p>Beware, German law of succession is very different from what you may be used to if you're from a common law jurisdiction. If you want to learn more, I suggest that you read this article which explains the basics of German law of succession:</p>

<p><a href="https://www.crosschannellawyers.co.uk/important-facts-on-german-laws-of-succession-and-german-probate/" rel="nofollow noreferrer">https://www.crosschannellawyers.co.uk/important-facts-on-german-laws-of-succession-and-german-probate/</a></p>

<p>And for further reading, I recommend this link:</p>

<p><a href="https://www.crosschannellawyers.co.uk/category/german-succession-inheritance-law/" rel="nofollow noreferrer">https://www.crosschannellawyers.co.uk/category/german-succession-inheritance-law/</a></p>
