Death of tenant or landlord: impact on the lease and eviction
What happens when a tenant or landlord dies in Belgium? Lease continuity, heirs, eviction procedure and rights of each party.
The death of the tenant does not end the lease
Under Belgian law, the lease survives the death of the tenant. Article 1742 of the Civil Code is clear: the lease is not terminated by the death of the landlord or the tenant. This principle applies to all types of leases (main residence, furnished, commercial).
The heirs of the deceased tenant take over the lease with all its rights and obligations:
- The right to occupy the property
- The obligation to pay rent and charges
- The rental deposit held in the blocked account
- The obligations of the move-out property inventory at the end of the lease
The landlord therefore cannot evict the occupants of the property solely on the grounds of the tenant’s death. See our full guide on the death of the tenant for all implications.
The death of the landlord
The same principle applies in reverse. The landlord’s death does not end the lease. The landlord’s heirs become the new lessors and must respect the current lease.
| Situation | Impact on the lease | Eviction possible? |
|---|---|---|
| Death of the tenant | Lease transmitted to heirs | No (except standard grounds) |
| Death of the landlord | Lease transmitted to landlord’s heirs | No |
| Renunciation of estate (tenant) | Lease without successor | Yes (by judicial process) |
| Renunciation of estate (landlord) | Property in escheat | No (lease continues) |
The landlord’s heirs may give notice for personal occupation, but in strict compliance with legal timeframes and conditions.
Rights and obligations of the tenant’s heirs
If they accept the estate
Heirs who accept the estate become full tenants. They may:
- Continue to occupy the property
- Give notice according to normal rules (3 months’ notice)
- Negotiate an early termination of the lease with the landlord
If they renounce the estate
Heirs who renounce have no obligation regarding the lease. However, the landlord is left without a counterpart for:
- Obtaining rent payment
- Conducting the move-out inventory
- Releasing the rental deposit
- Recovering the property keys
Procedure in the absence of an heir
If no one takes over the lease (renunciation, no known heir), the landlord must follow a judicial procedure:
- Search for heirs: the landlord may enquire at the court registry whether the estate was accepted or repudiated
- Petition to the Justice of the Peace: request termination of the lease for lack of a tenant
- Judgment: the judge pronounces the termination of the lease and authorises evacuation
- Execution by bailiff: the bailiff carries out the evacuation of furniture and changes the locks
The landlord may never clear the property themselves, even if the tenant is deceased and no one comes forward. Only a bailiff with an enforceable title may carry out the evacuation.
Practical advice
For the landlord
- Contact the tenant’s relatives to identify the heirs
- Continue sending rent invoices — the heirs remain liable
- Do not touch the property without an enforceable title
- Apply to the Justice of the Peace if no heir comes forward within 2-3 months
For the heirs
- Inform the landlord promptly of the death
- Decide on acceptance or renunciation of the estate (consult a notary)
- Give notice within the deadlines if you do not wish to keep the property
For a lease providing for transmission clauses, use our online lease generator. Also see our guide on eviction timeframes and the winter moratorium.
Frequently asked questions
-
No. Article 1742 of the Civil Code states that the lease is not terminated by the death of the tenant. The lease is transferred to the heirs, who take over the rights and obligations, including rent payment.
-
Not automatically. Heirs who accept the inheritance take over the lease under the same conditions. The landlord can only evict them for the same reasons as a living tenant.