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=S=> BGB 563. 1 A spouse who maintains a joint household with the lessee succeeds to the lease upon the death of the lessee . The same applies to a civil partner .
=S=> BGB 563. 2 If children of the lessee live in the joint household of the lessee , then these children succeed to the lease on the death of the lessee if the spouse does not succeed . The succession of the civil partner is not affected by the succession of the children of the lessee . Other family members who maintain a joint household with the lessee succeed to the lease on the death of the lessee if the spouse or the civil partner does not succeed . The same applies to persons who maintain a joint household of a permanent nature with the lessee .
=S=> BGB 563. 3 If persons who have succeeded to the lease within the meaning of subsection ( 1 ) or ( 2 ) declare to the lessor within one month of obtaining knowledge of the death of the lessee that they do not wish to continue the lease , the succession is deemed not to have occurred . For persons without capacity to contract or having limited capacity to contract , section 210 applies with the necessary modifications . If more than one person succeeds to the lease , then each may make the declaration on his own behalf .
=S=> BGB 563. 4 The lessor may terminate the lease for cause with the statutory notice period within one month after obtaining knowledge of the definitive succession to the lease if there is a compelling reason in the person of the successor .
=S=> BGB 563. 5 A deviating agreement to the disadvantage of the lessee or of such persons as are entitled to succeed under subsection ( 1 ) or ( 2 ) is ineffective .
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