Rental contract after a tenant's death
After a tenant's death, heirs or co-residents must settle the tenancy. All three German-speaking countries provide a special termination right with short deadlines.
Switzerland: art. 266i CO
Heirs may terminate with the statutory notice period on the next statutory termination date (typically 3 months for housing). The landlord has the same right.
Germany: §§ 563–580 BGB
Spouse and household members step into the lease automatically. They can refuse within one month. Otherwise heirs and landlord can terminate within one month using the statutory 3-month notice.
Austria: § 14 MRG
Family members living in the flat succeed to the lease. Rent increases are capped.
Practical steps
Send the termination letter with the death certificate. Cancel or transfer utilities. Schedule the hand-over. The Wegbegleiter App includes country-specific templates.
Frequently asked questions
- Who pays the rent?
- The heirs, until the notice period ends.
- Can the landlord terminate?
- Yes, on the same notice.
- Spouse in the flat (DE)?
- Automatic succession; can refuse within one month.
- AT?
- § 14 MRG protects family members living in the flat.
Wegbegleiter – the app for difficult moments
The Wegbegleiter app (wegbegleiterapp.com) guides you step by step: checklists, letter templates and an encrypted emergency folder – free to start.