Death of a Tenant: What Happens to the Apartment Lease
The death of a tenant does not automatically end an apartment lease. If people from the group listed in Art. 691 of the Polish Civil Code lived with the tenant on a permanent basis, they take over the lease by operation of law. The lease ends only if there are no such people. In practice it usually looks like this: the deceased’s partner or adult child still lives in the apartment, and the owner doesn’t know if the lease is still valid or who to talk to now. You can read the exact wording of the provisions in the consolidated text of the Civil Code. Below I describe how this works day to day.
Who takes over the lease after the tenant’s death?
The lease passes to the people listed in Art. 691 of the Civil Code, as long as they lived with the tenant permanently until the tenant’s death. The list is closed and cannot be extended:
- a spouse who was not a co-tenant of the apartment,
- the children of the tenant and of the tenant’s spouse,
- other people the tenant was legally obliged to support,
- a person who actually lived with the tenant as a partner.
Everything comes down to one thing: the requirement of living there permanently until the time of death. Being a relative is not enough. A son who has lived in another city for years? He does not take over the lease, even though he is close family. Heirs don’t take over the lease just because they inherit, either. These are two separate mechanisms: taking over the lease is one thing, while inheritance under Art. 922 of the Civil Code covers the deceased’s property rights and obligations. Registered residence (meldunek) doesn’t decide anything here either (more on this in the article on how registered residence relates to occupancy rights). What counts is who actually lived in the apartment on a permanent basis. Full stop.
When the lease ends after the tenant’s death
If nobody from the Art. 691 group lived permanently with the tenant, the lease ends. The owner is left without the other party to the agreement. But the deceased’s financial matters don’t just disappear. Outstanding payments, the deposit refund, belongings left in the apartment - all of this concerns the heirs within the scope of Art. 922 of the Civil Code. That’s why you shouldn’t clear out the apartment yourself or let new tenants in until you know who is responsible for the deceased’s estate. It’s tempting, I know. Don’t do it. I explain what to do with the items left inside in the guide on handling belongings left in the apartment. And if you don’t know who inherits, or the family is already arguing about it, go to a lawyer or a notary.
The lease after the tenant’s death in three typical situations
What happens to the lease depends on two things: who lived with the tenant and whether the tenant was the only tenant. Most cases fall into one of these scenarios:
| Situation | What happens to the lease | Who the owner deals with |
|---|---|---|
| A partner, spouse or child lived permanently with the tenant | These people take over the lease under Art. 691 of the Civil Code | The people who took over the lease, because they are now party to the agreement |
| Nobody from this group lived with the tenant | The lease ends | The heirs, regarding financial settlements |
| One of the co-tenants died | Art. 691 of the Civil Code does not apply (§ 5), the lease continues | The remaining co-tenant |
Real life rarely fits into a single table row. Were the two people really living together as a couple, or just renting together? Did someone live in the apartment permanently, or just stay a few days a month? These questions can be disputed, and in my view it’s better to ask a lawyer before you decide anything.
Can a person who took over the lease terminate a fixed-term agreement?
Yes. People who took over the lease can terminate it with the statutory notice periods, even if the deceased signed a fixed-term agreement. So the deceased’s partner or child isn’t bound to the agreement until the end of the term it was signed for. But this only works one way. For the owner, the tenant’s death alone is not a reason to treat the agreement with these people as ended. They are bound by the same terms as the deceased, including those that come from it being a fixed-term lease agreement. Occasional lease (najem okazjonalny) is a separate story with its own rules. If that was the type of agreement you had with the tenant, ask a lawyer how Art. 691 applies in your case.
The first few weeks: what the owner should do
Start by finding out who lived permanently with the tenant and since when. This decides whether the agreement is still valid at all. Then, step by step:
- Talk to the person living in the apartment. Tactfully, without pressure and without setting deadlines (this person has just lost someone).
- Check whether they belong to the Art. 691 group and whether they lived in the apartment permanently until the tenant’s death.
- Get their contact details and agree how the person taking over the lease will pay the rent.
- Confirm the change of party to the agreement with an annex.
- If the lease has ended, agree with the heirs on a date to collect the belongings and hand back the apartment.
When the apartment is handed back, a handover report for the apartment recording the condition of the unit and its furnishings will come in handy. In Tenanto you can change the status of the agreement and the unit, and store the annex and reports with the specific apartment. The whole lease history is then in one place, with no digging through emails.
The deceased tenant’s deposit and belongings in the apartment
You settle the deposit with the people who took over the lease. If the lease has ended - with the heirs. Watch out here, because this is a common mistake: don’t hand over the deposit or belongings to the first family member who comes asking for them. First find out who they belong to. Being a cousin or even a sister doesn’t automatically give someone the right to collect the money or property. You make deductions from the deposit on the same basis as with any other lease, so go over the rules for returning a tenant’s deposit. Not sure? A lawyer or a notary.
In the end it all comes down to one question: who lived in the apartment. With a calm conversation and your paperwork in order, continuing the lease with the new party or closing it out with the heirs goes much more smoothly.
Frequently asked questions
If someone took over the lease, the deposit stays with the agreement and you settle it with that person when the lease ends. If the lease has ended, you settle it with the deceased’s heirs. Don’t know who inherits? Get advice from a lawyer or notary first.
Don’t remove them yourself, because they are part of the estate. Contact the heirs and agree on a date for collection. It’s best to record the condition of the apartment and the items left behind in a report.
No. Taking over the lease happens by operation of law, so the existing agreement remains in force. Even so, I recommend confirming in an annex who is now party to the agreement and including their current contact details. It will save you a lot of trouble with later settlements.
