Immobilien: Mietvertrag geerbt? – Wann der Vermieter kündigen kann

After the loss of a family member, the grieving relatives often find themselves overwhelmed, but they must also immediately address the new rental situation if the deceased was a tenant. Contrary to popular belief, a rental agreement does not terminate automatically upon the tenant's death. A common misconception among landlords is that they can simply seek a new tenant.

However, the law does not function in this manner. The German Civil Code (BGB) outlines clear guidelines which vary significantly depending on the circumstances.

If the deceased was sharing the home with a spouse, registered partner, or other relatives, these individuals may automatically inherit the rental contract under certain conditions (Article 563 BGB). The inheritor must have been residing in the household with the deceased to take over the agreement. In such cases, for a landlord, the situation becomes straightforward; they now have a new tenant under existing conditions.

There's no room for adjusting the rent or starting a new contract. However, if the adult offspring was merely visiting the parent, there's no legitimate claim to assume the contract upon the parent's death.

Interestingly, landlords can terminate the rental agreement only for compelling reasons, such as significant arrears, ongoing disturbances, or personal need. The death of the tenant alone is insufficient. In the case of an independent tenant, the legal position is different. "In the case of an independent tenant, the rental agreement generally passes to their heirs," explains Jutta Hartmann, a jurist affiliated with the German Tenant Union.

These individuals become the landlord's contractual partners, assuming all the rights and obligations from the agreement. The conditions for the property remain unchanged, and there's no increase in rent. However, the landlord is granted a special right to terminate the agreement within a month of learning of the tenant's death and the identity of the heir.

This right does not require any additional justification. For property owners, this presents an opportunity to regain control of the property shortly after, potentially for more favorable market conditions.

Interestingly, heirs also possess the right to dissolve the rental agreement. Within a month of learning of the death, they can terminate the agreement with a three-month notice period, per Article 580 BGB. To do so, they must proactively act; otherwise, the contract continues uninterrupted. How this unpaid rent is to be settled after the agreement's end is crucial.

Until the rental arrangement is terminated, landlords are obligated to pay rent, utility payments, and potentially renovation costs from the estate. If the heirs are insolvent, a court-appointed liquidator will handle these obligations. If there are insufficient assets, financial losses may ensue. In these circumstances, it is advisable for landlords to seek clarification from the court regarding the legal status of the heirs or the appointment of a liquidator before taking further action.