The deceased's rented flat: tenancy, notice, periods

Checked on 05.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

The flat is full, the rent is still debited, and the landlord asks when it will be cleared. The tenancy does not end with the death. What becomes of it depends on who lived there.

If someone lived in the flat too

A spouse or civil partner who kept a joint household with the deceased steps into the tenancy. After them come children, other family members and persons who kept a lasting joint household with the deceased (§ 563 BGB).
Whoever does not want to stay tells the landlord within one month of learning of the death. The stepping in then counts as not having happened.
If the survivor was a party to the contract, the tenancy continues with them (§ 563a BGB).

If the deceased lived alone

If nobody steps in, the tenancy continues with the heirs (§ 564 BGB). The rent is then a debt of the estate.

Heirs and landlord can give special notice, with the statutory period.
They have one month for this, after learning of the death and that nobody stepped into the tenancy.
The statutory period: notice must arrive by the third working day of a month and then takes effect at the end of the month after next (§ 573d(2) BGB). That is just under three months.

Whoever lets the month pass can only give notice with the periods the contract and the law set for ordinary notice.

What runs until the end

The rent, until the tenancy ends, from the estate.
The clearing. The flat is returned empty and in the condition the contract requires. More in Dividing the household, clearing the flat.
The deposit belongs to the estate. The landlord settles it after the end.

What helps

Find the tenancy agreement and inform the landlord in writing, with the death certificate.
Note the day you learned of the death. The one-month period depends on it.
Give notice in writing, signed, with proof of delivery. With several heirs, all usually sign. Whoever is still considering rejecting the inheritance should get advice first.
Photograph before clearing. Room by room, before anything leaves the flat.
Whoever advances the rent records it. Amount, month, receipt.