Lease transfer on death

The death of a loved one is hard, and practical questions about housing follow. We summarise the conditions under which a flat lease passes to a close person and what you’ll need to document.

On a tenant’s death the flat lease does not always end – under certain conditions it passes to a close person who lived in the flat with the tenant in a shared household. The rules are set by the Civil Code.

General explanation

This page is informational. The specific assessment always depends on the circumstances and the lease – so get in touch and we’ll go through it together.

Conditions

When the lease passes

In simple terms, the following usually has to be met:

  • It is a close person (e.g. partner, child, parent, sibling)
  • The person lived with the tenant in a shared household at the date of death
  • The person has no flat of their own
  • Further conditions under the Civil Code and the lease are met

For a longer duration of the transfer, special rules may apply to persons who are not the tenant’s direct-line relatives. We’re happy to help assess your specific situation.

Steps

What to do

  1. Let us know

    Inform us of the tenant’s death as soon as possible. We’ll agree the next steps and the documents needed.

  2. Provide the necessary documents

    We’ll usually need the death certificate and proof of the shared household and the close-person relationship. We’ll advise exactly what.

  3. Updating the lease and records

    Where the conditions are met, we’ll update the records and continue the existing lease, or prepare the necessary documents.

FAQ

Frequently asked questions

Does a flat lease pass automatically on the tenant’s death?
Not always. Under the conditions set by the Civil Code, the lease passes to a close person who lived with the tenant in a shared household and has no flat of their own. It depends on the specific situation and the lease.
Who can the lease pass to?
A close person (for example a partner, child, parent or sibling) who lived with the tenant in a shared household at the date of death and has no flat of their own, provided the other statutory conditions are met.
What will I have to document?
Usually the death certificate and proof of the shared household and the close-person relationship. We’ll tell you the exact list – get in touch and we’ll go through it together.
What if the conditions for transfer aren’t met?
Then the Civil Code and the lease apply (e.g. transfer to heirs under different rules). We’re happy to help resolve the situation sensitively and practically.

Dealing with a lease transfer?

Get in touch. We’ll help sensitively with the documentation and next steps.

Contact the manager