Tenant's death: procedure for the landlord in Belgium
What to do in case of a tenant's death in Belgium? Procedure for the landlord, fate of the lease, rental deposit, and management of personal belongings.
Fate of the lease after the tenant’s death
Under Belgian law, the lease does not end upon the tenant’s death. The contract is transferred to the heirs, who become the new tenants with the same rights and obligations.
Legal principle
| Situation | Consequence |
|---|---|
| Heirs identified | They take over the lease |
| Surviving co-tenant | The lease continues with the co-tenant |
| Spouse/legal cohabitant | Right to continue the lease |
| No heirs | Vacant estate, curator appointed |
| The landlord must continue to respect the terms of the existing lease. The landlord may not unilaterally terminate the lease due to death. |
Procedure for the landlord
First step: identifying the heirs
- Contact the deceased’s family if known
- Enquire with the municipality (death certificate)
- If heirs are unknown, contact the court registry for the notary handling the estate
Communication with the heirs
Send a registered letter to the identified heirs to:
- Inform them of their status as tenant
- Ask about their intention (continue the lease or terminate)
- Arrange a meeting for the property inventory if terminating
Notice period for the heirs
Heirs who do not wish to continue the lease must give 3 months’ notice. Rent remains due during this period.
Rental deposit and unpaid rent
Rent after death
Rent continues to accrue after death. It is owed by the estate (the heirs) until the effective end of the lease or notice period.
The rental deposit
The rental deposit held in bank can only be released:
- With the heirs’ consent (signature of all heirs)
- By decision of the justice of the peace in case of disagreement
- Via the notary handling the estate
Potential damage
If the dwelling shows damage, the landlord may deduct it from the rental deposit. An exit property inventory must be carried out, even without the deceased tenant (heirs are invited to participate).
The landlord may under no circumstances empty the dwelling or dispose of the deceased’s belongings. Any unauthorised intervention exposes the landlord to criminal prosecution for trespass or theft.
Special cases
Death of a tenant living alone
When the deceased tenant lived alone and the heirs are unknown or have renounced the estate, the landlord must request the appointment of a curator for the vacant estate from the court of first instance.
Legal cohabitant or spouse
The surviving spouse or legal cohabitant benefits from a right to continue the lease, even if their name does not appear on the contract. This right is protected by law.
Shared tenancy
In the case of a shared tenancy, the lease continues with the surviving co-tenants. Any solidarity clause remains applicable. For more on legal questions, see our guide on rental disputes and the landlord’s obligations.
Frequently asked questions
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No. The lease is transferred to the deceased tenant's heirs. They take over the lease's rights and obligations, including rent payment.
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The landlord must contact the heirs or the notary handling the estate. Releasing the rental deposit requires the heirs' agreement or a court decision.
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The landlord cannot touch the deceased's belongings. They are part of the estate. Only the heirs or the curator of a vacant estate can remove them.