Anyone who rents an apartment enters into a contract with the landlord. But how is the tenancy regulated for additional people in the household? Rights and responsibilities at a glance.
Four questions about the rental agreement
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1. Is a tenancy automatically inherited?
It depends on the initial situation: For example, if both spouses or all flatmates have entered into a tenancy agreement together, in the event of the death of one member, the remaining members of the tenancy agreement continue the tenancy. The legal basis for this is Section 563a, Paragraph 1 of the German Civil Code (BGB). Paragraph 2 also stipulates that the surviving tenants now have a special right of termination.
If only one person signed the tenancy agreement and later moved a spouse or life partner into the apartment, that person can enter into the tenancy. The same applies to children and other family members who lived with the deceased in the same household, unless a spouse or life partner takes over.
In short: If there is no one already named in the tenancy agreement to continue the tenancy, it is inherited by other parties, such as spouses, life partners, or children. Furthermore, the law grants both parties a special right of termination in the event of death.
2. Can I transfer my tenancy to my children during my lifetime?
No, that's not possible. However, in principle, it's always possible to check whether another person can be included in the tenancy agreement. However, there's no legal right to do so.
3. Do all persons moving into the apartment have to be registered?
Yes, any permanent move-in of an additional person must be registered if they are staying for longer than six weeks. Registration is important so that in the event of an emergency, the number of people in the apartment is known. The move-in of additional people can also be denied if the apartment is overcrowded. Exceptions are children, spouses, or life partners.
4. When does a sublease make sense?
Subletting is an option if the people moving in are not spouses, life partners, or children.
In addition, there must be a legitimate interest, i.e., a good reason for subletting. Reasons include, for example, that you can no longer afford the apartment on your own or simply want company. It is important that the subletting has been registered and approved in advance, and that only a part of the apartment, such as a room, is sublet, not the entire apartment. For a temporary business trip abroad, subletting the entire apartment is also possible for a maximum of one year – but only with the landlord's permission.