Real Estate: Inherited a Rental Agreement? – When the Landlord Can Terminate
The idea of taking over grandma's old rental agreement is sometimes tempting, especially in German cities. However, what a landlord has to accept and what not?
When a tenant dies, their rental agreement does not automatically end. If the deceased lived with a spouse, registered partner, or relatives, they may take over the contract under certain conditions, as stated in Section 563 of the German Civil Code (BGB). If the tenant lived alone, the contract is passed to their heirs, who can be asked to provide proof of inheritance, and the landlord has a special right to terminate the contract within one month.
The landlord or heirs can terminate the contract with a three-month notice period, but only the landlord needs a valid reason, and the heirs do not.
Written by urgent.news from Handelsblatt's report — not a translation of it. Machine-written — may contain errors; check the original before relying on it.
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