Landlord died

13 posts in this topic

Hello,

 

I live in a two story house.

Some weeks ago my landlord died and police sealed his house to do the leagal things related to his death.

He had no close family.

 

Now I have some problems and I dont know whom should I contact. What organization or office in the city takes care of this kind of things?

 

The water and heater are both cold. The heating system was in the basement of the house which is now sealed. I did not have access to it.

The rent I pay is suppoesed to cover internet, tv, utilities and other expenses. But now some of them are not paid due to his death though I am still paying the same rent.

 

If I want to terminate my contract and move to a new place whom should I contact and how long in advance?

 

Thank you in advance for your advice 

0

Share this post


Link to post
Share on other sites

I would suggest that you contact a Mietverein and your local council (Gemeinde) for advice.  I’m sure other TT members can offer advice regarding contract termination etc.  All the best.

2

Share this post


Link to post
Share on other sites

Hello,

 

It's not pleasant to hear your situation. There's no hot water etc. must be terrible. 

 

Sometimes it helps contacting a Mietverein or a lawyer in Mietrecht. 

 

There's a good link to a German Website. When you translate it with Google you will have a pretty accurate translation.  

 

https://www.mietrecht.de/tod-des-vermieters-folgen-fuer-den-mieter/

 

In short, your contract isn't cancelled after the death of the Landlord. The "Erbe" inheritor will be responsible in the deceased landlord's place. 

2

Share this post


Link to post
Share on other sites

It sound like who the inheritor is; isn't clear which does leave things in Limbo.

But German bureaucracy must have thought of this situation, and there'll be a government official responsible for the operation of his assets until probate is decided.

Mietverein will know how to find who this official is

2

Share this post


Link to post
Share on other sites

if their is no heir, or you don't know who inherits the house, tenants can go to  "Nachlassgericht" (probate court) and ask for an official to be appointed until the situation is sorted out. No heating/warm water needs to be taken care of quickly. If you want to terminate your rental contract, the official person appointed will also be the one to address your letter to. Of course the schedule remains the same - you can't "get out immediately" just because the landlord died.

 

see relevant portion of the aforementioned link:

Der Mieter kann in diesen Fällen gemäß § 1961 BGB einen Nachlasspfleger beim Nachlassgericht beantragen. Bis zur Klärung der Erben übernimmt der Nachlasspfleger alle Aufgaben und Pflichten des Vermieters.

 

7

Share this post


Link to post
Share on other sites

btw - from OP's initial post it sounds like the rental apartment is an "Einliegerwohnung" - because utilities etc. where charged in one lump sum together with rent? So, to me it sounds like OP is the only tenant, and police sealed everything else - like the basement with access to heater and boiler. Also landlord doesn't seem to make payments for internet, TV, and maybe electricity(?) anymore. 

 

If this is the case, at least tenant could get out of the rental contract "immediately".

3

Share this post


Link to post
Share on other sites

I was wondering if all utilities are unavailable due to them being switched off at the mains in the property….by the police maybe as opposed to being disconnected by the supplier due to non payment? To address these issues quickly, the Gemeinde should be able to advise which company/companies are the main supplier/s (Grundversorgung?) Contact with the supplier/s may be able to get the supply reinstated albeit probably on the basic tariff to start with. Given the circumstances, I’d ask if it were appropriate to suspend/reduce rent payments until resolved. 

2

Share this post


Link to post
Share on other sites

You know, it's nice to see a thread full of really good advice, for a foreigner in a difficult situation, and not one "use the search function", or google it.

8

Share this post


Link to post
Share on other sites

thank you all so much for your advice.

As @MadAxeMurderer   said it is nice to see your kindness and so much good advice in such a short time.

 

I had no idea about Mietverein and Nachlassgericht. It is good to learn who can help in this situation. I will try to contact them to find a solution.

 

He and I were the only people living in this building. We had two seprate entrances. But the house is originally built for one family.

 

Thank you again and have a nice day 

4

Share this post


Link to post
Share on other sites

The information about the Nachlassgericht is really very useful and I think where you will need to go. I suspect the no hot water problem is not down to one of the utility companies to be honest. They take years to cut people off and I understand the landlord died recently. I rather suspect the boiler or whatever is heating the water in the basement is the actual problem and a tradesman will be required and will need access to the property. I really suggest you join the Mieterverein. They will have dealt with this sort of thing before. 

2

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now