Lease and will: what happens in case of death
What happens to the lease upon death of the landlord or tenant in Belgium? Heirs' rights, continuation or termination of the lease, practical steps.
What happens when the tenant dies?
In Belgian law, the lease does not end upon the death of the tenant. It is transferred to the heirs in accordance with succession rules (Article 1742 of the Civil Code).
The heirs have three options:
| Option | Consequence | Deadline |
|---|---|---|
| Continue the lease | The lease continues under the same conditions | - |
| Terminate the lease | 3-month notice from notification | 3 months |
| Renounce the inheritance | No further obligation under the lease | 3 months (reflection period) |
The landlord cannot terminate the lease solely because of the death. They are bound by the contract as before. The standard termination grounds (personal occupation, works, triennial deadline) remain applicable.
Heirs benefit from a facilitated right of termination: 3-month notice without compensation, even if the lease is in its first 3 years. This is not automatic — heirs must notify the termination by registered letter.
What happens when the landlord dies?
The death of the landlord does not end the lease either. The property is transferred to the heirs, who become the new landlords. The lease continues under the same conditions.
The landlord’s heirs:
- Receive rent in place of the deceased
- Assume the landlord’s obligations (maintenance, repairs)
- Cannot terminate the lease solely because of the death
- May sell the property, but the lease is enforceable against the buyer (if registered)
The tenant must be informed of the change of landlord and receive the new landlord’s contact details (or those of the notary handling the estate) for rent payment.
Heirs’ rights
Tenant’s heirs
Heirs who accept the inheritance assume all rights and obligations of the lease:
- Right to remain in the property (if they wish to occupy it)
- Obligation to pay rent and charges
- Responsibility for the condition of the property
- Right to the return of the rental deposit
If they do not wish to keep the property, they must terminate in the proper form (registered letter, 3-month notice) and organise the exit inventory.
Landlord’s heirs
The heirs become landlords. In case of joint ownership (multiple heirs), they must appoint a representative to manage the relationship with the tenant. A rental management software can facilitate management during the estate period.
Co-tenants and spouse
If the deceased tenant was in co-tenancy, the co-tenants continue the lease. If the tenant was married or in legal cohabitation, the surviving partner automatically continues the lease.
Practical steps
In case of the tenant’s death
- Notify the landlord as soon as possible (no statutory deadline, but good faith requires it)
- Decide: continue or terminate the lease within 3 months
- Notify the decision to the landlord by registered letter
- Organise the exit inventory if the lease is terminated
- Claim the rental deposit from the landlord (with estate documents)
In case of the landlord’s death
- Continue paying rent (to the usual account or to the notary)
- Request the contact details of the notary handling the estate
- Keep proof of payment during the transition
- Demand an identified contact person for urgent repairs
In both cases, written records are essential. To create a lease that anticipates these situations, use our online lease generator. For more information, consult our guide on residential leases in Belgium.