For relatives, a difficult time dawns when a loved one dies. During this time, which is associated with a great deal of suffering and grief, there are other things to be done that are anything but pleasant, such as. the liquidation of an apartment or a move. If an apartment has to be vacated in the event of death, not only is emotional strength important, but there are also a number of things that need to be considered and organized.
The rental contract is transferred to the heirs..
…and they can, if they wish, continue it. First and foremost the spouses and registered partners. However, children or other family members who shared the home with the deceased are also among them. If the deceased lived alone, the lease passes to the heirs. The advantage is obvious: the heirs and beneficiaries can continue the tenancy under the previous conditions. This means that no new rental agreement has to be concluded – but the transfer of the rental agreement takes place automatically.
But the downside is that heirs must act if they do not want to take over the lease. You can terminate the lease extraordinarily with a three-month notice period. The only important thing is that they do not wait too long, because this extraordinary termination can only be made within the first month after the heirs learn of the death of the tenant.
It is important that this special termination is in writing and signed by all heirs. If it is not possible for an heir to sign it, the notice must be accompanied by an original power of attorney. But the landlord also has a special right of termination. But only towards the heirs who were not co-tenants. They can terminate the contract within one month of the death of the tenant. However, the statutory notice period applies here and this is between three and nine months, depending on the length of the tenancy.
Dissolve the apartment quickly – there are good reasons for this
The dissolution of the dwelling stands after a death in many cases and for it it is important as fast as possible to terminate the lease contract of the deceased one. The reason for this is that the heirs legally take its place and thus acquire a variety of rights and obligations. Especially when it comes to avoiding unnecessary costs, the apartment liquidation should be organized as soon as possible.
The liquidation of an apartment is also an important step from an emotional point of view, which should not be delayed for too long under any circumstances. But if heirs are not able to do the liquidation themselves, then there are special companies that will take care of it.
But before the company starts with the dissolution of the household, the heirs should search the apartment themselves for possible valuables. Because still older people like to hide their money in the apartment: This can be under the mattress or between old books and even in stockings.
Be there when the apartment is cleared
If the household is dissolved by a company, an heir or a relative should always be on site. Even if this is done by a reputable company, it is advisable to keep track of what is happening yourself.
It is also important to have a concrete plan before decluttering. That is, what should be kept and what should be disposed of?! To speed up the sorting process, it is advisable to label everything in advance with small pieces of paper, such as "B" for keep and "E" for dispose of. On the one hand, this saves time and also helps the company's professionals enormously.
Furthermore, allow enough time, because a home liquidation doesn't happen in a day. If four days are planned, then another one should be scheduled as a precaution, because it is often only after the big clean-up that it is clear whether it is necessary to renovate the apartment.
With the eviction it is not done!
If an apartment is dissolved after a death, then it must also be considered that gas and electricity must be disconnected, as well as the telephone connection. In addition, subscriptions and broadcasting fees must also be cancelled quickly, as well as accounts, insurance policies and other contracts. For the insurance contracts, an informal letter is usually sufficient, with a copy of the death certificate enclosed. If the deceased had e.g. about a life insurance or death insurance then it applies likewise to inform the respective insurance enterprise fast.
Handing over the apartment to the landlord
As soon as the apartment has been vacated, it is time to clean it up and, if necessary, to clear it out. to renovate. Here it is necessary to observe the clauses of the lease agreement. As a rule, no renovation work is necessary, unless there is damage to doors, windows or other immovable inventory.
As soon as the apartment is renovated and in a broom-clean condition, the handover takes place. When the apartment is handed over, the landlord is given back all the keys and he or she inspects the premises. If the landlord finds any deficiencies, he will record them in a protocol. In addition, the meter readings for electricity, water and heating are read, for the purpose of final account.
In the further course then only one remains: Wait for the deposit repayment and the service charge account. But this can take a few months or even months.