# How Do Rental Contracts Work Upon Death?

*28 juni 2026*

> When a tenant passes away, questions arise about the rental contract. This guide explains what happens to a rental contract upon death and the applicable rules.

## Introduction
When a tenant passes away, it can be a difficult time for the bereaved family, and simultaneously, practical and legal questions arise regarding the existing rental contract. Understanding how a rental contract works upon death is crucial for navigating the process correctly. This article provides an overview of the rules and principles that apply when a tenant dies, focusing on both the rights of the survivors and the responsibilities of the landlord.

## What Happens to the Rental Contract When a Tenant Dies?
When a tenant dies, the rental agreement does not automatically terminate. The Tenancy Act (Chapter 12 of the Swedish Land Code) regulates what happens in these situations. The general rule is that the right to rent is not inherited in the same way as other property, but it can be transferred to other individuals under certain conditions. This means that a dwelling does not simply become part of the estate to be distributed; there are specific rules to protect both the survivors and the landlord.

### The Estate's Responsibilities
The estate, represented by the heirs or an estate administrator, takes over the tenant's obligations under the rental agreement until the agreement is terminated or transferred. This includes the obligation to pay rent. The estate must therefore actively manage the rental contract. This may involve continuing to pay rent during a transition period, terminating the agreement, or trying to find a new tenant if possible and permitted.

### Terminating the Rental Contract
The estate has the right to terminate the rental agreement. The notice period is normally three months, unless otherwise agreed. Rent must be paid as usual during the notice period. It is important for the estate to act promptly to avoid unnecessary costs. The landlord also has the right to terminate the agreement if the estate fails to fulfill its obligations, such as not paying the rent.

## Transferring the Rental Contract to Survivors
An important aspect of a rental contract upon death is the possibility of transfer. The Tenancy Act grants certain relatives, such as a surviving cohabitant or spouse, the right to take over the rental contract, provided they have been permanently residing in the apartment.

### Surviving Cohabitant and Spouse
A surviving cohabitant who is not the sole tenant has the right to take over the rental agreement if the cohabitation was lasting and the couple jointly occupied the apartment. The same principle applies to a spouse. However, the survivor must notify the landlord within a certain period, usually within three months of the death, that they wish to take over the contract. The landlord can only deny such a transfer if there are compelling reasons, such as the survivor being unable to manage the tenancy responsibly or having a history of non-payment.