0

In the shadow of recent virus outbreak, I could not help but to think about my landlord’s rights if I happen to die.

I can imagine that the German law has this covered. Can someone please point it out?

  • 2
    Rights in regards to what? Recovering rent? Access to the property? Disposal of property? – Ron Beyer Mar 17 at 19:14
2

Death does not automatically end a contract1

Therefore the landlord’s (and tenant’s through their estate) rights and obligations are unchanged.

I can’t speak for Germany but must jurisdiction’s residential tenancy laws give the landlord and the estate and sometimes co-tenants the right to give notice upon death of a tenant.

1 Except for personal services contracts where the service must be performed by the contracted party personally e.g. employment contracts.

| improve this answer | |
0

German law of succession is based on the concept of universal succession.

That means that your heir(s) will become party to any legal relationship which you used to be party to (there are a few exceptions) and your heir(s) will be liable for all of your debt and liabilities without limitation.

This means that your lease will probably be unaffected by your death. The same happens if your landlord dies.

Beware, German law of succession is very different from what you may be used to if you're from a common law jurisdiction. If you want to learn more, I suggest that you read this article which explains the basics of German law of succession:

https://www.crosschannellawyers.co.uk/important-facts-on-german-laws-of-succession-and-german-probate/

And for further reading, I recommend this link:

https://www.crosschannellawyers.co.uk/category/german-succession-inheritance-law/

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.