Updated: October 2026Editorial team: Umzugsexpress GmbHTeam: 17 years in moving and clearance
After a death, a rented flat is often left behind – and with it questions that cannot wait: does the rent continue? Who may give notice? And may the flat simply be cleared? This guide puts the steps in order and shows where caution is needed.
In short
The tenancy does not end with the death; the heirs can give three months’ notice to the next statutory date. Anyone who does not yet know whether to accept the inheritance takes nothing from the flat and asks the district court before clearing – otherwise the right to renounce the inheritance may be lost.
First clarify: accept the inheritance or renounce it?
Heirs have three months to renounce (disclaim) an inheritance (Art. 567 Civil Code). The declaration is made to the authority at the deceased’s last place of residence: in the canton of Zurich the district court (Bezirksgericht), in the canton of Aargau the president of the district court.
Important for the flat: anyone who, before deciding, takes items from the estate – items without value excepted – or does more than merely administer the estate loses the right to renounce the inheritance. This is stated on ch.ch, the portal of the Confederation, cantons and communes (Art. 571 para. 2 Civil Code).
Whether clearing the flat already counts as such an act is not answered uniformly by the authorities. The inheritance office of Basel-Landschaft expressly advises caution when clearing, because after a renunciation the bankruptcy office has to examine the household effects. Our advice: as long as the decision is open, leave the flat as it is and ask the district court what you may do.
If it is unclear whether there are debts, there are two aids. In the canton of Zurich, statutory heirs can apply for a “certificate for information” (Bescheinigung für Auskunft; leaflet of the Zurich courts). And within one month of learning of the death you can request a public inventory listing assets and debts (ch.ch).
The tenancy continues
- As a rule, the death does not end the tenancy. The heirs enter into the contract and are liable for the rent (Mieterinnen- und Mieterverband, the Swiss-German tenants’ association).
- The heirs may give extraordinary notice: with the statutory notice period of three months to the next statutory date (Art. 266i and 266c Code of Obligations).
- According to the tenants’ association, this right applies only to the earliest possible date. Anyone who misses it is bound by the notice terms of the contract.
- All heirs sign the notice – unless one person has been authorised by the others.
- It is quicker with a replacement tenant: anyone who proposes a solvent person whom the landlord cannot reasonably refuse and who takes over the contract on the same terms is released earlier (Art. 264 Code of Obligations).
- According to the inheritance office of Basel-Landschaft, giving notice on the flat is possible even if you plan to renounce, provided the landlord accepts the notice. If in doubt, ask the district court.
If all heirs renounce
If all heirs renounce, the bankruptcy office liquidates the estate (ch.ch, Art. 573 Civil Code). In that case the relatives do not clear: the flat stays as it is until the bankruptcy office has decided. According to the tenants’ association, anyone who has renounced does not owe rent for the flat either.
The order in practice
- Report the death to the competent authority within two days and inform the landlord.
- Hand in wills and inheritance contracts to the district court.
- Secure the flat: close the windows, check the heating, empty the letterbox, dispose of perishable food.
- Decide whether to accept or renounce the inheritance. Until then, take nothing from the flat.
- Give notice on the flat – signed by all heirs.
- After acceptance: secure documents and valuables, draw up an inventory of valuables, distribute keepsakes.
- Clear and clean the flat and ancillary rooms such as cellar, attic and garage, and return all keys.
Sources for these steps: ch.ch, what to do if someone dies and HEV Schweiz on handing back a flat (in German).
What we take on – and when
Before we clear, we clarify with you who is entitled to decide: the heirs jointly, an executor or an authority. Any documents, photos, keys or valuables we find are handed over to you. We then clear the flat, cellar and attic, dispose of everything properly and hand over swept clean – on request with end-of-tenancy cleaning and painting work. More under estate clearance; what it costs is set out under clearance costs.
Request a clearance – in one minute
Just the essentials. We call you back, talk everything through calmly and arrange a free survey.
- Free survey and written quote – fixed price or by time and volume
- Documents, jewellery, cash and other valuables we find while clearing are handed over to you.
- Proper disposal and a broom-clean handover
- With an enquiry number – you can see the status online at any time.
Living abroad? Clearing a flat in Switzerland when you live abroad – how we handle it with you in English.
Frequently asked questions
Does the tenancy end automatically with the death?
As a rule, no. The heirs enter into the contract and can give three months’ notice to the next statutory date.
Who has to sign the notice?
All heirs together – or one person authorised by the others.
May I clear the flat before I have decided about the inheritance?
We advise against it. Anyone who takes items from the estate may lose the right to renounce the inheritance. Ask the district court at the deceased’s last place of residence first.
Who pays the rent until the handover?
The heirs who have accepted the inheritance. According to the tenants’ association, anyone who has renounced does not owe rent.
Sources
- ch.ch: Accepting or renouncing an inheritance
- ch.ch: What to do if someone dies
- Zurich courts: leaflet on renunciation (in German)
- Courts of the canton of Aargau: declaration of renunciation (in German)
- Inheritance office of Basel-Landschaft: rights and duties of the heirs jointly (in German)
- Mieterinnen- und Mieterverband: death of the tenant (in German)
- HEV Schweiz: handing back a flat (in German)
- Swiss Civil Code (Art. 567, 571, 573)
- Code of Obligations (Art. 264, 266c, 266i)
As of October 2026. This guide does not replace legal advice. Competent bodies and procedures differ from canton to canton; the information given by the authority at the deceased’s last place of residence is binding.
Related services
- Estate clearance – Respectful, in agreement with relatives or the heirs jointly.
- Full household clear-out – The whole household cleared – also when moving into a care home, with move, clearance and cleaning from one company.
- End-of-tenancy cleaning – Cleaning only, even if you move yourself.