Emergency Housing Law in Inheritance Cases: Protection for Family Members

When a person dies and family members are still living in the shared home, the question immediately arises: Do they have to move out? The law provides a clear safeguard-the right of emergency housing under Section 1969 of the German Civil Code (BGB). For family members in Fürth who are suddenly faced with a bereavement and unclear inheritance matters, this right serves as an important safety net during the initial phase following the death. It provides breathing room-30 days during which the most pressing decisions do not have to be made immediately.

Section 1969 of the German Civil Code (BGB): Background and Scope of Protection

The right of emergency housing is enshrined in Section 1969 of the German Civil Code (BGB) and is one of the special statutory rights under inheritance law that cannot be waived by a will or inheritance contract. It obligates the heirs to allow the deceased’s household members to use the home and the household items free of charge for the first 30 days following the opening of the estate.

The term “household members” is to be understood broadly: It includes spouses, registered partners, children, and other relatives who were actually living in the shared household at the time of death. What matters is the actual cohabitation, not the status under inheritance law. Thus, a child who was disinherited but was still living in the parental home in Fürth-Hardhöhe is just as protected as a beneficiary heir.

This right extends not only to the dwelling itself but also to furniture, household appliances, and all household goods. During this period, the heirs may neither change the locks nor remove any items if doing so would interfere with the management of the household. Violations can be challenged as unlawful interference (§ 858 BGB)-with the right to have immediate possession restored.

An important difference from other housing rights: The right of emergency residence is not a right in rem and cannot be entered in the land register. It arises automatically by operation of law upon the opening of the estate and expires after 30 days without requiring any declaration or action by the parties involved.

Facts and Figures 2026: The Right of Emergency Residence in Context

The right of emergency residence is a provision with clearly defined time limits and effects-there is little room for deviation:

Feature	Provision
Legal basis	§ 1969 BGB
Duration of protection	30 days from the opening of the estate (date of death + 30 days)
No Cost	Yes - the beneficiary owes no rent or usage fee
Scope	Residence + all household items
Beneficiaries	Household members (actual household community)
Waivability	Waivable only by beneficiaries
Relationship to § 563 BGB	Supplementary - § 563 governs entry into a lease agreement
Relationship to Inheritance Law	Independent - also applicable to disinherited persons
Judicial Enforcement	At the local court via interim relief proceedings

Source: BGB § 1969, § 858, § 563, BGH case law on household community, Bavarian Justice Portal, as of Q1/Q2 2026.

In the Nuremberg metropolitan region, where around 30 percent of all households are multigenerational and patchwork families are on the rise, emergency housing law is of practical relevance. The Fürth Local Court, as the competent probate court, rarely sees disputes regarding § 1969 BGB in formal litigation, but frequently encounters them as a source of conflict in the context of estate settlements.

Practice: What Happens in the First 30 Days?

The practical process following a death in Fürth follows typical patterns: The decedent dies, relatives are on site, the heirs (possibly sibling co-heirs who live elsewhere) come forward and seek clarity regarding the apartment or house.

During this phase, Section 1969 of the German Civil Code (BGB) actively protects the occupants. They may continue to use the residence, may use household items, and are not required to pay rent. At the same time, the estate bears the running costs (electricity, heating, property tax) for this period-provided the estate is solvent. This is an important point: The right of residence is not free of charge for the estate, but only for the entitled party.

What the entitled parties are not allowed to do: sell or permanently remove items from the estate, make significant structural changes, or transfer the residence to third parties. They manage the residence for the 30-day period as a protective right, not as owners or tenants.

> The property valuation tool from leadmarkt.ch provides an initial estimate of the property’s value-useful for all parties involved when decisions regarding the estate property in Fürth are pending.

If a dispute arises between the heirs and the persons entitled to the apartment-for example, because the heirs want to take over the apartment immediately and have it vacated-the Fürth Local Court may be petitioned for a preliminary injunction. A legal advisor specializing in tenancy and inheritance law can obtain a cease-and-desist order if the heirs attempt to force out the persons entitled to the apartment by cutting off utilities or changing the locks.

After the 30 days: What are the next steps?

Upon expiration of the 30-day period, the emergency housing right expires-without notice, without a court order. The residents then face a clear choice:

Option 1: A lease or usage agreement is negotiated with the heirs. This is the most common and practical approach if the household members wish to continue living in the property and the heirs agree to it. The rent can be freely negotiated, but must comply with rent control regulations if the property is rented out commercially.

Option 2: The entitled parties move out. For condominiums or houses that are to be sold, this is often the only viable option. Here, too, the entitled parties have their 30-day transition period-enough time to take initial organizational steps.

Option 3: A longer-term agreement is already being negotiated in parallel with the 30-day period-a right of residence, a usufruct, or a lease with a favorable rent. This requires that the heirs and the entitled parties be able to communicate with one another, which is not always the case.

Local Nuance: Fürth and the Specifics of Its Housing Structure

Fürth is one of the most densely built-up cities in Middle Franconia. Wilhelminian-style apartment buildings characterize the city center in particular, as well as neighborhoods such as Südstadt, Ronhof, and Burgfarrnbach. Many of these homes are family-owned and have been passed down through generations-typical of the middle-class homeowner demographic, which has historically been strongly represented in Fürth.

In such situations, the emergency housing law is particularly relevant: If a widowed mother lives in the family home, which formally belonged to her late husband and now passes to several children, Section 1969 of the German Civil Code (BGB) protects the mother during the initial phase. For the children as heirs, this means they cannot immediately put the home on the market or demand that the mother move out-at least not within the first 30 days.

The 2026 Fürth housing market shows purchase prices of €3,200-4,500 per square meter for condominiums and €380,000-580,000 for single-family homes. Given these figures, conflict-free handling of the right of residence is often more important than enforcing the law-a good solution for all parties protects family assets and family harmony.

The Probate Court at the Fürth Local Court has jurisdiction over all decedents who had their last place of residence in Fürth. Notarized certifications for inheritance matters can be performed at the Notary District of Middle Franconia in Fürth-Fürth has several notary offices specializing in inheritance law.

Emergency Housing Law for Rental Properties: Section 563 of the German Civil Code (BGB) Provides Additional Protection

For rental apartments, there is another protective provision in addition to the right of emergency housing: § 563 BGB. According to this provision, the spouse or partner who lived with the decedent automatically succeeds to the lease upon the tenant’s death-as a tenant in their own right, not merely as a temporary beneficiary. Other family members succeed jointly if they maintained a common household.

This means: In the case of a rental apartment, spouses and life partners enjoy stronger protection than that provided by the emergency housing law under § 1969 BGB. They become a contracting party to the landlord upon reaching the age of majority-with all rights and obligations. The emergency housing law then covers the remaining household members who do not enter into the lease agreement.

Conclusion for Relatives in Fürth

The right of emergency housing under Section 1969 of the German Civil Code (BGB) protects relatives during the most immediately difficult phase following a death. For heirs, this means a 30-day waiting period. For those entitled to housing, it means 30 days of security to plan the next steps. Heirs or beneficiaries who seek an agreement early on can avoid conflicts-a voluntarily extended right of use (e.g., via a lease agreement with fair terms) is the most common practical solution after the deadline expires.

For all further decisions regarding the Fürth property-sale, rental, or takeover by an heir-a current valuation is recommended. The valuation tool from leadmarkt.ch provides a data-driven basis for objective discussions within the community of heirs.

Right of Residence for Unmarried Couples

A common question: Does the right of residence also apply to unmarried partners who lived with the decedent but were not married?

The legal answer under § 1969 BGB is clear: The right of residence applies to family members and household members. An unmarried partner is not a family member in the legal sense. However, they are a household member if they actually lived in the shared household-and this requirement is typically met in the case of a long-term partner.

In similar situations, the Fürth Local Court has also applied the right of residence to unmarried partners when a genuine shared household existed. However, case law is not entirely uniform-in some court decisions, merely living together without a family relationship is deemed insufficient.

For unmarried partners in Fürth, it is therefore advisable to combine the statutory right of residence in case of housing need (as the first level of protection) with a will from the partner that provides for a lifetime right of residence or another form of permanent security. A will provides more reliable security than the statutory right, which lasts only 30 days.

Costs of Inheritance: Who Pays in the First 30 Days?

In addition to the right of residence, the question of costs arises in the first 30 days: Who pays for electricity, heating, insurance, and property tax?

These ongoing costs are estate liabilities-they are paid from the estate, not by the person entitled to reside in the home personally. If the estate is solvent, they are paid by the heir acting as estate administrator. If the estate is insolvent and the heir renounces the inheritance, the costs may remain unpaid-but the person entitled to reside in the home may not be evicted nonetheless.

In practical terms, this means for heirs in Fürth: Even if they do not wish to accept the inheritance outright and wait out the 6-week renunciation period, they must pre-finance or at least coordinate the ongoing estate expenses during the first 30 days-otherwise, they risk insurance lapses or utility disconnections that could damage the entire property.

---

Compiled by the my-home.de editorial team in collaboration with regional real estate analysts. Data as of: Q1/Q2 2026.