What if the landlord dies?

A rental contract is not dissolved or invalid because the landlord dies. As a tenant, you would be too disadvantaged in such a case, as you ultimately have no influence on such an event. At least you shouldn't.

When the landlord dies

• If the landlord dies, the landlord's heirs enter the lease as the new contracting party. This results from § 1922 para. 1 of the German Civil Code (BGB).
• With that, the heirs step into the Tenancy and thus become the new contracting party of the old tenant.
• If the landlord has only one heir, the situation can be easier for the tenant than if there is a community of heirs - which, however, often happens.
• The rent payment to the community of heirs, which consists of several heirs, is usually only effective if it is made to all heirs together. As a rule, however, the community of heirs will be represented by a third party or a member from their own ranks.
  instagram viewer


Landlord modernizes apartment - note the form and deadline

As the owner, the landlord has the right to preserve the value of his property ...

What happens with an unknown heir

• If the tenant does not know the landlord's heir, he can initially stop paying the rent until he becomes aware of the heir.
• Another possibility would be to deposit the rent with the probate court. According to § 1960 Abs. 1 BGB, the probate court must ensure that the estate is secured, for example, if the heir is unknown. For this purpose, the probate court can u. a. order the deposit of money - for example the rent, see chap. § 1960 Abs. 2 BGB.
• As a community of heirs, the heirs are jointly and severally liable. This means that the tenant can, for example, ask each member of the community of heirs to rectify any defects in the rented apartment or house.

In the event of the landlord's death, nothing "happens" to the lease at first. As a tenant, however, you should insure yourself as soon as possible who you are going to send the rent have to pay.