Updated on · 8 min read · by the team at Sparkling Services
When a tenant dies, it is normally the heirs who must clear the rented home and hand it back. The deadline depends on the region: in Flanders the lease ends at the end of the second month after the death, in Wallonia three months after the death, and in Brussels the lease simply continues. Speak to a notary first: clearing the home can count as accepting the estate.
Who has to clear the home of a tenant who has died?
The heirs who accept the estate must clear the home, pay what is still owed to the landlord and return the keys. The lease and the contents of the home are part of the estate, so the tenant's rights and obligations pass to the heirs.
In practice there are three situations:
- The heirs accept the estate: they organise the sorting, the clearance and the handover, and pay the rent and any compensation due under the regional rules.
- The heirs are unsure because there may be debts: they should not clear anything before seeing a notary. There is a middle way, acceptance under benefit of inventory, which must go through a notary.
- All heirs renounce, or no heirs are known: an heir who renounces does not have to clear the home. The landlord must then follow the procedure for the region (curator, bailiff or justice of the peace), described below.
A spouse or partner who lived in the home may have rights of their own under the lease, for example as a co-tenant. In that case the lease does not necessarily end, so ask the notary or the landlord to check before you do anything.
Careful: clearing the home can count as accepting the estate
Clearing the deceased's home, paying their bills or transferring money from their account can legally be treated as tacit acceptance of the estate. The Belgian notaries' federation specifically cites emptying the deceased's home and paying certain bills as examples.
Once you have accepted an estate, you generally cannot renounce it later, even if debts come to light. If the deceased had loans, rent arrears or tax debts, this question really matters.
What you can usually do
- Secure the home: lock it, close the windows, turn off the water if needed.
- Remove perishable food and prevent damage (frost, leaks).
- Keep documents safe for the notary: the lease, proof of the rental deposit, bank statements, insurance policies, recent post.
What is better left for later
- Giving away, selling or throwing out furniture and belongings.
- Paying the deceased's bills, from your own money or from their account.
- Returning the keys and signing the check-out inspection on behalf of the heirs.
At the first meeting, simply ask the notary whether they see any objection to the home being cleared. If there are several heirs, agree in writing who instructs the clearance and what each person wants to keep.
Flanders: the lease ends at the end of the second month
In the Flemish Region, for a lease signed on or after 1 January 2019, the death of the last tenant ends the lease automatically at the end of the second month after the death, unless the heirs declare within that period that they will continue it. This is Article 42 of the Flemish Residential Tenancy Decree (Vlaams Woninghuurdecreet).
- Compensation: when the lease ends this way, one month's rent is owed to the landlord as compensation, on top of the rent up to the end date.
- Worked example: for a death on 10 March, the lease ends at the end of May. That is the date by which the home should be empty.
- Not cleared in time: the landlord can ask the justice of the peace to appoint a curator. The judge records the household contents, money and valuables on site and entrusts them to the curator, who may sell them, at auction or privately, after thirty days (the judge can shorten this). The judge then decides on any surplus and on the rental deposit.
Leases signed before 1 January 2019: according to the Flemish government's official guidance, the death does not end the lease. The heirs either continue it or end it with three months' notice.
Two months go quickly between the funeral, the notary and agreement among the heirs. If the deadline is too tight, ask the landlord in writing for a few extra weeks. Many landlords prefer that to a court procedure.
Wallonia: the lease ends three months after the death
In the Walloon Region, the lease ends automatically three months after the tenant's death, with no notice and no compensation. This is Article 46 of the Walloon decree of 15 March 2018 on residential leases.
- Taking over the lease: anyone who had been registered as living in the home for more than six months at the date of death has one month from the death to notify the landlord that they want to take over the lease. The landlord can object on reasonable grounds within the following month.
- Home unoccupied and empty: the landlord can have a bailiff record this; the lease then ends on the date of that report.
- Home unoccupied but still furnished: a bailiff draws up an inventory. Once the three months have passed, the landlord disposes of the goods responsibly, at the expense of the deceased tenant's successors.
- Deposit: the landlord can have the rental deposit released in their favour, up to the amount owed, by unilateral application to the competent judge.
In practice, heirs in Wallonia therefore have about three months to sort, clear and hand back the home. After that, the landlord may act, but the costs remain payable by the estate.
Brussels: the lease continues, except in one specific case
In the Brussels-Capital Region, a tenant's death does not, in principle, end the lease: the heirs take it over and must end it themselves if they do not want to continue. This is set out in the Region's official legal guide to residential leases.
The Brussels Housing Code (Article 232) does contain an exception. If, after the death, the home is no longer occupied by members of the household and the rent or charges remain unpaid for two months from the death, the landlord may treat the lease as terminated, without notice, without compensation and without a prior court ruling. The landlord may then dispose of the goods, following the storage rules of the law of 30 December 1975, and apply to the justice of the peace for the deposit to be released in their favour, up to the amount owed.
Heirs who want to hand the home back should give notice under the rules that apply to the tenant, or agree an end date with the landlord in writing. The notice period and any compensation depend on the type of lease and how long it has been running, so have your case checked by the notary or a housing advice service. An amicable agreement with a fixed key handover date is often the quickest route.
Rental deposit: how much, and how do you get it back?
The rental deposit is part of the estate: it goes to the heirs, minus any amounts still owed to the landlord. It can only be released with a written agreement signed by both parties no earlier than the end of the lease, or by a court decision.
| Region | Maximum amount (general rule) | Points to watch |
|---|---|---|
| Flanders | 3 months' rent | Released by written agreement or court ruling; the landlord's claim lapses one year after the lease ends. |
| Wallonia | 2 months' rent | After a death, the landlord can apply for release by unilateral application. |
| Brussels | 2 months' rent (leases signed or renewed from 1 November 2024) | Different rules apply to older leases, including some bank guarantees. |
To get the deposit back smoothly:
- Find the proof of the deposit (blocked account, bank guarantee, CPAS/OCMW involvement).
- Have the home cleared and cleaned before the check-out inspection.
- Carry out the check-out inspection jointly with the landlord and compare it with the check-in report.
- Sign a release form with the landlord once the final account is agreed.
The bank will usually also ask for a certificate or deed of inheritance before paying the balance to the heirs.
How to organise the clearance in practice
Work backwards from the key handover deadline: the family sorts first, then come the clearance, the cleaning and the check-out inspection. With two or three months, every week counts.
- Weeks 1–2: notary, written notice to the landlord (date of death, details of one contact heir), documents put somewhere safe.
- Weeks 2–4: agreement among heirs on keepsakes and valuables, photos of every room, request for a clearance quote. Sparkling Services carries out the assessment visit (free) usually within 48 hours.
- Weeks 4–6: full clearance, usually in 1 to 3 days depending on volume, followed by cleaning.
- Before the deadline: meter readings, check-out inspection, keys handed over against a receipt.
What our clearance includes
- On-site sorting: personal documents, photos and valuables we find are set aside for the family.
- Reusable items are donated to social-economy organisations (for example Les Petits Riens, Oxfam, Terre or De Kringwinkel), depending on what they accept.
- Everything else goes through suitable processing channels.
- The home is handed back broom-clean, or fully cleaned if you add end-of-tenancy cleaning.
You receive a fixed written price after the visit. It depends on volume, floor and access, and the value of reusable items is deducted: the clearance can be free, we can pay you the difference, or you pay a fixed price on quotation. An estimate from photos is also possible.
What the landlord can and cannot do
The landlord cannot simply clear the home after the death: they must respect the regional deadline and, depending on the region, go through a bailiff, a curator or the justice of the peace. A landlord who takes matters into their own hands risks liability towards the heirs.
- They can claim rent up to the end of the lease, the one-month compensation in Flanders, and any tenant damage recorded at check-out.
- They can ask for access to prevent damage, ideally in agreement with one of the heirs.
- They cannot keep the deposit without a written agreement or a court decision.
- They cannot throw out the contents before the relevant procedure has run its course (curator in Flanders, bailiff's inventory in Wallonia, storage rules in Brussels).
For the landlord too, a single contact on the heirs' side and a handover date in writing make everything easier. If no heir comes forward, the landlord can also ask for a curator to be appointed to a vacant estate, though that takes longer.
Checklist for the heirs of a tenant who has died
- Find the lease, the check-in report and the proof of the rental deposit.
- Check which region the home is in: it determines the deadline.
- See a notary before any clearance if there may be debts.
- Inform the landlord in writing and name one contact person.
- Set aside documents, photos, jewellery and keepsakes before the clearance.
- Get a written fixed-price quote for the clearance and, if needed, cleaning.
- Take meter readings and cancel energy, internet and insurance contracts.
- Do the check-out inspection and sign the deposit release.
If you are unsure how a rule applies to your situation (a partner living there, an older lease, social housing, heirs who are minors), ask your notary or the justice of the peace for the district where the home is located.
Frequently asked questions
How long do heirs have to clear the home of a tenant who has died?
It depends on the region. In Flanders, a lease signed since 2019 ends at the end of the second month after the death. In Wallonia, the lease ends three months after the death. In Brussels, the lease continues: the heirs must give notice or agree an end date with the landlord, unless the specific exception in the Brussels Housing Code applies.
Do the heirs still have to pay rent after the death?
Yes. If they accept the estate, rent remains due until the lease ends. In Flanders, one month's rent is added as compensation when the lease ends because of the death. In Wallonia, the lease ends after three months with no compensation. In Brussels, it depends on how the lease is brought to an end. An heir who renounces the estate is not liable for its debts.
Can I clear the home if I might renounce the inheritance?
Better not, until you have spoken to a notary. The notaries' federation cites emptying the deceased's home as an example of conduct that can count as tacit acceptance. Purely protective steps, such as locking up or removing perishable food, carry less risk, but ask the notary to confirm for your own situation before going further.
What happens if nobody clears the home?
The landlord follows the procedure for the region. In Flanders, they ask the justice of the peace to appoint a curator, who may sell the goods. In Wallonia, a bailiff draws up an inventory and the landlord then disposes of the goods at the successors' expense. In Brussels, under certain conditions, the landlord may treat the lease as terminated and deal with the goods under the storage rules.
Who gets the rental deposit of a tenant who has died?
The deposit belongs to the estate. It is released to the heirs by written agreement with the landlord after the lease ends, or by court decision, after deducting anything still owed. The bank usually asks for a certificate or deed of inheritance. If there is a dispute, the justice of the peace for the area where the home is located decides.