Question from Noto, What are a landlord’s obligations regarding a tenant’s property after their death in Germany?
Answer from AI:
In Germany, the death of a tenant does not automatically terminate the lease. The lease is transferred to the heirs, who then have the option to accept or refuse the inheritance. If the heirs refuse the inheritance, the landlord is not automatically obliged to dispose of the remaining machines or other property left in the rented premises.
Legal Framework
The legal framework for this situation is primarily governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB). According to Section 564 BGB, the lease is transferred to the heirs upon the death of the tenant. The heirs then have the right to terminate the lease with a notice period of one month.
Refusal of Inheritance
If the heirs refuse the inheritance (which must be declared to the probate court), they are not responsible for the deceased’s debts or obligations, including the lease. In this case, the estate becomes “ownerless” (herrenlos) and falls to the state. However, the landlord is not automatically obliged to dispose of the tenant’s property.
Disposal of Tenant’s Property
The landlord may have to take legal steps to remove the tenant’s property. This could involve applying to the local court (Amtsgericht) for a clearance order (Räumungstitel). The landlord may also have to pay for the removal and storage of the tenant’s property, but could potentially recover these costs from the tenant’s estate.
Please note: This is a complex area of law and the specific circumstances can significantly affect the outcome. It is strongly recommended to consult with a legal professional for personalized advice.
Steps to Take
- Notify the heirs about the death of the tenant and ask them to remove the tenant’s property.
- If the heirs refuse the inheritance, apply to the local court for a clearance order to remove the tenant’s property.
- Consider seeking legal advice to understand your rights and obligations.
Resources
For more information, you may refer to the German Civil Code (BGB) or consult with a legal professional.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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