You may be thinking…

“Once the tenant dies, the lease always ends.”
That’s a common misconception. The lease can pass to a household member or to heirs, provided that the conditions set out in the Civil Code (§ 2279–2284) are met.

Clients often ask me

• Who exactly has the right to take over the lease after the tenant’s death?

• How long does the lease last once it transfers?

• What if there are several people eligible for the transfer?

• Can the landlord terminate the lease immediately?

• What happens with the security deposit or unpaid rent?

What the law says

• Primary transfer (§ 2279 CC): The lease passes to a household member who lived with the tenant at the time of death and has no other flat. Priority is given to a spouse, partner, children, grandchildren, parents, siblings, son-in-law or daughter-in-law. For other persons, the landlord’s consent is required.

• Duration: The transferred lease lasts at most two years, unless the law provides otherwise. Exceptions apply for persons over 70 and minors under 18 – they enjoy stronger protection.

• Multiple eligible persons (§ 2280): If several candidates qualify, they become joint tenants. Descendants have priority.

• Security deposit (§ 2281): The landlord may request a deposit if the deceased tenant never provided one. If rent was prepaid, the new tenant must settle with the heirs.

• If no household member continues (§ 2282): The lease passes to the tenant’s heirs. They are jointly and severally liable for rent debts accrued before death.

• Special rules for minors (§ 2282a): Minors are protected – their legal guardians may even be personally liable if they failed to terminate the lease despite knowing the child would not be able to meet the obligations.

• Termination rights (§ 2283): Both the landlord and the heir may terminate the lease within three months of the tenant’s death.

• Unknown heirs (§ 2284): If no heir is identified within six months, the landlord may vacate the apartment, store the belongings, or sell them at the heirs’ expense.

Biggest risks and common mistakes

• Believing the lease always ends with death. It often transfers automatically, without probate.

• Failure to prove cohabitation. Without clear evidence, landlords often deny the transfer.

• Missed deadlines. The right must be asserted promptly, e.g. by notifying the landlord.

• Family disputes. Multiple heirs or household members can lead to conflicts despite the law’s clarity.

Step-by-step process

1. Notify the landlord of the tenant’s death.

2. Prove eligibility for transfer – family relationship, cohabitation, landlord’s consent if needed.

3. Check whether the lease is fixed-term or indefinite. The effect differs.

4. If you don’t want the lease, send written notice within one month.

5. Clarify security deposit and prepaid rent.

6. Seek legal assistance if the landlord refuses the transfer.

Example from practice

A husband died, leaving behind his wife and son who both lived in the flat. Both qualified, so they became joint tenants. The landlord demanded immediate eviction, but the court held that the lease had lawfully transferred and the landlord’s termination was invalid.

Lawyer’s recommendation – checklist

✅ Notify the landlord immediately
✅ Provide proof of household membership and relationship
✅ Observe all statutory deadlines
✅ Review financial issues (deposit, prepaid rent, debts)
✅ Don’t hesitate to defend your rights in court if needed

FAQ

Who can take over the lease?
A household member living with the tenant who has no flat of their own, typically spouse, partner, children, parents, grandchildren.

How long does the transferred lease last?
Maximum two years, except for minors and seniors over 70 who are protected longer.

Does it have to be resolved through probate?
No, the transfer is independent of inheritance proceedings.

What if no one wants to continue?
The lease ends and the landlord may reclaim the apartment.