The tenant has died alone in the dwelling: what to do
Your tenant has died alone in Belgium. Procedure to follow, landlord's rights, management of belongings, lease and rental deposit. Complete guide.
Immediate reactions
Franck’s tenant, a 78-year-old man living alone, is found deceased in his studio. This is a humanely difficult and legally complex situation.
Immediate steps
- Call emergency services (112) if the death has just been discovered
- Notify the police: the death is subject to an official report (police report)
- Do not touch the premises: the dwelling remains under the deceased’s legal protection until intervention by the heirs or trustee
- Contact the municipality: the civil registry records the death
- Search for the heirs: via known family, the notary, or the court
The landlord must under no circumstances:
- Enter the dwelling
- Touch the deceased’s belongings
- Change the locks
- Give the keys to anyone (except heirs with proof)
For the legal continuation of the lease and death, see our dedicated guide.
The lease after death
Transmission to heirs
The lease is transmitted to the heirs through the succession. The heirs have 3 options:
| Option | Consequence | Timeline |
|---|---|---|
| Accept the succession | Take over the lease (rent, charges, obligations) | - |
| Terminate the lease | 3-month notice period, no indemnity | 3 months |
| Renounce the succession | No further obligation | 3 months (reflection) |
No known heirs
If no one comes forward, the landlord can:
- Report the situation to the court of first instance
- Request the appointment of a vacant succession trustee
- The trustee manages the succession, including lease termination
Realistic timeline
Without known heirs, the procedure takes 6 to 12 months between the death and the recovery of the dwelling. This is long but legally unavoidable.
Some landlord insurance policies cover loss of rent and restoration costs after a tenant’s death. Check your policy.
Managing the deceased’s belongings
Who can access the dwelling
- The heirs with proof of their status (certificate of inheritance)
- The trustee appointed by the court
- The notary handling the succession
- The police if necessary (investigation)
The landlord CANNOT
- Enter the dwelling without the heirs’ agreement
- Discard the deceased’s belongings
- Rent the dwelling to someone else
- Seize belongings in compensation for arrears
Inventory
An inventory of the deceased’s belongings must be drawn up by the notary or the trustee. The landlord may attend to record the condition of the dwelling.
Rental deposit and arrears
Rental deposit
The rental deposit remains blocked until the lease is terminated and the move-out property inventory is completed. It is released:
- To the heirs (if the dwelling is in good condition)
- To the landlord (to cover damage and arrears, by agreement or court decision)
Rent arrears
Rent remaining unpaid at the time of death is a debt of the succession. The landlord can:
- Claim from heirs who have accepted the succession
- File the claim with the trustee (if the succession is vacant)
- Deduct from the rental deposit (after court ruling if necessary)
Restoration costs
Specialist cleaning after a death (if necessary) is borne by the succession. Average cost: 500 to 3,000 EUR depending on the circumstances.
A rental management software documents the situation and facilitates follow-up with the notary or trustee. To create a new lease after termination, use our online lease generator. For other situations, see our case studies.