What to do with deceased father's rental property?


Questioner

My father passed away last week. Unfortunately, I know almost nothing about his situation at the time of his death, but I strongly suspect that he had significant debts. In addition, he lived in a heavily polluted house (help has always been refused, unfortunately). It is my intention to reject the inheritance via the court as soon as the death certificate becomes available after 6 weeks. I am still struggling with his rental property. The police have ordered the house to be cleaned, I have given up all the contents to avoid high cleaning costs at my own expense. My question is: should I cancel his rental property? Or does that happen automatically? I have contacted many agencies, but everyone says something different. In addition, the municipality has given my number to the landlord with my permission, but they have not yet responded. Thank you in advance for your help.

Lawyer

First of all, my sincere condolences for your loss. As for the rental property after your father's death, you are considered an heir, even if you intend to reject the inheritance. Until that moment, you are considered as such by law. With regard to the current tenancy agreement, you as an heir must take action, as it does not automatically end in the event of death. Although the rental property is not your own home, you are expected to inform the landlord of the death situation and terminate the tenancy in time. However, please note that in the event of the tenant's death, the heirs must terminate the lease with a notice period of at least one month. If the termination occurs later, the heirs are liable to pay rent for the period between the death and the actual end date. It is understandable that you do not want to be liable for any debts your father may have, and that is why I advise you to reject the inheritance as soon as possible after receiving the death certificate. You do this at the court via a notary. During this procedure, make sure that you do not perform any actions that could be seen as acceptance of the inheritance. If in doubt, I recommend that you engage a legal professional to guide you through this process. It can be complex and often requires legal insight to ensure that you, as a potential heir, do not take on unwanted responsibilities. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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