The mother has died, the rented flat is empty, and her two adult children live in other cities. In the hypothetical case the landlord asks when the keys will be returned. The family want to help quickly. Before they promise an appointment, however, it must be clarified who is authorised to handle the contract and in what way it should actually be terminated.
This annotated procedure applies to residential letting in Germany. It considers above all the case that nobody from the previous household continues to live there. The organisational suggestions are our editorial recommendations; the concrete status as heirs and the legal declaration require an appropriate review.
First look: Who was actually a party to the tenancy?
The children gather the tenancy agreement and any addenda. They distinguish the persons named there from a mere emergency contact list. Whoever is listed as a contact person at the property management is not thereby confirmed as an acting heir or authorised representative.
Before an heir’s notice of termination is given, it is also checked whether in fact nobody takes over under the tenancy law (Mietrecht) or whether the tenancy continues with surviving tenants. § 563 BGB regulates the succession of certain persons from the common household; § 563a deals with the continuation with the surviving joint tenants named there. [EINTRITT, FORTSETZUNG] The mere family relationship of a person living elsewhere does not answer this question of residence and contract.
In the example the initial assumption “living alone” is therefore clarified by the information available, rather than being derived only from an empty flat on the day of viewing.
Second look: Death is not a self-chosen end of tenancy
If neither succession nor continuation under the rules named apply, the tenancy is continued with the heir under § 564 BGB. The provision gives the heir and the landlord a special right of termination: within one month after becoming aware of the death and that succession or continuation has not occurred, extraordinarily with the statutory notice period. [ERBE]
The one-month period is therefore not a blanket instruction to clear every flat within a month. Under the stated conditions it concerns the exercise of the right. Start, entitled person, declaration and actual termination date are to be determined promptly and professionally. A personal calendar note does not replace this review.
The notification of death is likewise not silently treated as an effective termination. The family first informs the landlord of the actual facts and clarifies which proofs and declarations are required.
Third look: Distinguish helping from acting in a legal transaction
One child collects letters, the other takes care of a contact list. This practical division of tasks is helpful, but does not automatically create sole authority for binding declarations. Where there are multiple potential heirs or an unclear estate situation, the person responsible must be determined with appropriate advice.
If there are questions about acceptance or renunciation of the inheritance, insolvency or limitation of liability, these belong early in their own area of advice. This article does not recommend a hasty decision about the inheritance and does not give a universal solution to be calculated independently. Clearing out, disposing of items and promises regarding outstanding claims are not carried out solely from the desire for a quick conclusion.
Fourth look: Prepare payments and practical handover in parallel
The organisational overview contains known rental payments, letters received, keys in possession and upcoming appointments. A payment made does not prove the end of the contract. Conversely, a debited amount is not a conclusive acknowledgement of all claims. Unclear amounts are forwarded to the responsible review with the concrete evidence.
For the handover a realistic work status is described: Which items are still there, who is allowed to decide about them and which questions of condition are open? A planned clearance day is only linked to the actually clarified authorisations and agreements. The key handover gets appropriate documentation; it should not conceal unchecked additional declarations.
Case closure: A clarified path instead of a quick promise
The two children finally give the landlord a coordinated contact and a comprehensible interim status. The responsible person lets the termination route and the notice periods be determined. Only after that are the actual return date and further tasks coordinated bindingly.
The family need not cope with grief and organisation by signing as many declarations as possible immediately. A limited joint overview is helpful: What do we know, who is allowed to decide and which next step must be clarified in time? This way the flat, the tenancy agreement and the estate are dealt with as interconnected but different tasks.