The lease continues automatically with the heirs
The death of the tenant does not end the lease. Under Article 1742 of the former Civil Code, the lease is automatically transferred to the heirs. They can continue the lease under the same conditions or terminate it with 3 months’ notice. The landlord cannot terminate the lease solely because the tenant has died.
This rule applies to all types of residential leases in Belgium: short-term, 9-year, and ordinary law leases. The lease forms part of the deceased tenant’s estate and passes to the heirs like any other contractual right.
The heirs inherit both the rights (right to occupy the property) and the obligations (rent payment, maintenance) under the lease.
Heirs’ options
The heirs have two choices:
- Continue the lease — they step into the deceased tenant’s shoes and the lease continues under the same terms (rent, duration, conditions)
- Terminate the lease — they give 3 months’ notice and pay any applicable indemnity
| Situation | Notice period | Indemnity |
|---|---|---|
| Heirs continue the lease | N/A | None |
| Heirs terminate (9-year lease, year 1-3) | 3 months | 3/2/1 months depending on year |
| Heirs terminate (9-year lease, after year 3) | 3 months | None at triennial expiry |
| Heirs terminate (short-term lease) | 3 months | 1 month |
If the heirs refuse the inheritance (renunciation), they are not bound by the lease and the landlord must seek a new tenant.
The heirs remain liable for rent from the date of death until the end of the notice period, even if they do not occupy the property. Unpaid rent becomes a debt of the estate.
Protection of the surviving spouse or legal cohabitant
The surviving spouse or legal cohabitant benefits from enhanced protection:
- Right to remain in the property for at least 6 months after the death (right of continued occupation)
- Automatic transfer of the lease to the surviving spouse/cohabitant, even if they were not named in the original lease
- Priority over other heirs regarding the continuation of the lease
This protection is particularly important when the deceased was the sole signatory of the lease. The surviving partner cannot be evicted and continues the lease under the same conditions.
De facto cohabitants (not legally registered) do not benefit from the same automatic protections, although regional legislation may provide certain safeguards.
Regional specifics
Brussels-Capital Region
Brussels legislation reinforces the protection of the surviving spouse or legal cohabitant. The right of continued occupation is explicitly guaranteed for a minimum of 6 months.
Walloon Region
The Walloon decree provides similar protections. In Wallonia, the surviving legal cohabitant has the same rights as a surviving spouse regarding continuation of the lease.
Flemish Region
The Flemish Housing Rental Decree includes specific provisions on the transfer of the lease upon the tenant’s death. The surviving spouse or legal cohabitant benefits from automatic lease transfer.
Former Civil Code, Art. 1742 + Regional housing legislation — The lease is automatically transferred to the heirs upon the tenant’s death.