{"id":887,"date":"2023-11-30T11:31:30","date_gmt":"2023-11-30T10:31:30","guid":{"rendered":"https:\/\/www.rechtsanwalt-erbrecht.eu\/deutsches-erbrecht\/einzelfragen\/ehewohnung-und-immobilien-nach-dem-tod-des-ehegatten\/"},"modified":"2025-10-29T11:15:26","modified_gmt":"2025-10-29T10:15:26","slug":"marital-residence-and-real-estate-after-the-death-of-a-spouse","status":"publish","type":"page","link":"https:\/\/www.rechtsanwalt-erbrecht.eu\/en\/deutsches-erbrecht\/einzelfragen\/ehewohnung-und-immobilien-nach-dem-tod-des-ehegatten\/","title":{"rendered":"Marital home and real estate after the death of the spouse"},"content":{"rendered":"

Rental flat after the death of the spouse<\/strong><\/h2>\n

In addition to the emotional loss of a loved one, the death of a life partner often triggers fears about the future for the surviving partner, especially when it comes to the question of whether they will still be able to live in the flat rented by the deceased.<\/p>\n

What happens to the rented flat after the death of a spouse or partner?<\/strong><\/h3>\n

If the deceased was the sole tenant, Section 563 (1) BGB offers the possibility for the surviving spouse or partner to enter into the tenancy after the death of the tenant if they shared a household with the deceased.<\/p>\n

However, the right to enter into the tenancy agreement is linked to living in the same household as the deceased. This means that the flat must have been the joint centre of life. A temporary absence of one partner, for example for professional reasons or as a result of temporary separation or illness, is harmless. In the case of a longer absence, the decisive factor is whether the intention was to continue living together in the home after the obstacle has been removed. Merely living together, for example in a shared student flat, does not lead to the assumption of a shared household.<\/p>\n

Pursuant to Section 563 (3) sentence 1 BGB, the entry is deemed not to have taken place if the person entering the tenancy, i.e. the surviving spouse or partner, informs the landlord within one month of becoming aware of the tenant's death that they do not wish to continue the tenancy.<\/p>\n

The inheritance status of the surviving partner is not relevant for automatic entry. Therefore, the partner can enter into the tenancy agreement even if he or she has been disinherited.<\/p>\n

The landlord's rights are affected insofar as he cannot choose his new tenant. Nevertheless, the landlord has the right to terminate the tenancy without notice within one month of becoming aware of the definitive entry into the tenancy, subject to the statutory notice period. However, this is only possible if the landlord has a legitimate interest in the termination, e.g. because the new tenant is unable to pay.<\/p>\n

If the tenancy agreement was signed jointly by the spouses or partners, the tenancy is automatically continued with the surviving partner.<\/p>","protected":false},"excerpt":{"rendered":"

Mietwohnung nach dem Tod des Ehegatten Neben dem emotionalen Verlust eines Geliebten l\u00f6st der Tod des Lebenspartners h\u00e4ufig Zukunfts\u00e4ngste bei dem \u00fcberlebenden Partner aus, insbesondere wenn es um die Frage geht, ob er noch in der vom Erblasser gemieteten Wohnung leben kann. Was passiert mit der Mietwohnung nach dem Tod des Ehegatten oder Lebenspartners? Ist […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":388,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-887","page","type-page","status-publish","hentry"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t