Inheritance Law2026-10-20

My brother lives in the inherited house — does he have to pay the other heirs rent?

Your brother lives in the house the community of heirs owns, and you get nothing. When he actually has to start paying, how much it comes to, and why the timing of your demand decides everything.

Your brother has been living in the inherited house ever since your parents died. As a co-heir you have so far come away with nothing — no rent, no settlement, just the quiet hope that it will all sort itself out one day. But the real question is not whether this is fair. The real question is from what point, and on what conditions, it turns into an enforceable claim for payment.

In short

The mere fact that your brother lives in the house does not yet mean he owes the other heirs rent. As a matter of principle, the law gives every co-heir a right to share in the use of the estate. He only becomes liable to pay once you, as a co-heir, expressly demand that the use of the property be put on a new footing. And that applies only for the period from then on — not retroactively for the past. Three things are therefore decisive: the precise date of your demand, the calculation of the amount of compensation once the house-related costs your brother has borne are set off against it, and the question of whether he may hold a separate right of residence that exists independently of the community of heirs.

How I can help you

Drafting your demand for a new arrangement in a legally watertight way and with the correct date stamp, so that the claim is beyond doubt from that day onward
Working out the amount of the compensation for use and setting off the house-related costs borne by the co-heir living there
Checking whether a registered right of residence or some other agreement rules out your claim from the outset
Enforcing the claim out of court and, where necessary, preparing the route to a partition sale or to winding up the community of heirs

Why merely living there does not yet create a rent debt

The estate belongs to all the heirs jointly. Managing it is a matter for all of them together. It follows that each co-heir may share in the use of the estate assets, provided he does not thereby impair the others’ shared use. When your brother lives in the house, at first he is doing no more than exercising a right that belongs to him. He is not yet breaching any duty, and he does not owe any payment in return of his own accord. This is why so many siblings look on for years: in legal terms, nothing is moving. Without an active statement on your part, matters rest on this bare right of use. A payment obligation does not arise automatically, not even after a long time.

The position only changes once your brother’s occupation actually excludes your own shared use. Where someone occupies a whole house on their own, that is almost always the case, because you can then no longer make any practical use of the house yourself. It is precisely this impairment that gives you the lever for your demand for a new arrangement.

The cut-off date that decides everything: your demand for a new arrangement

The law gives you, as a co-heir, your own claim that the management and use of the house be put on a new footing. The measure of this is what is fair, taking account of the interests of everyone involved. This claim does not arise of its own accord on a particular date. It arises only when you assert it. Asserting it means this: you tell your brother expressly — ideally in writing — that you are demanding a new arrangement, and in particular compensation for use in respect of the house he occupies on his own.

From this follows the single most important point in practice: a claim for payment generally exists only from the date of that demand. For the years before it, during which you said nothing, there is no retroactive payment. So anyone who only takes action after five years will, as a rule, forfeit the compensation for those five years. If you want any settlement at all, you should therefore make this demand as early and as unambiguously as possible. State the date and the specific amount claimed, and keep proof that it was delivered.

If your brother then refuses the new arrangement, you can enforce your claim through the courts. From the moment such a claim is served, the general rules on surrendering the benefits that a possessor draws after proceedings become pending also come into play. That is a further reason not to wait too long: every delay pushes back this point of reference as well.

How much the compensation comes to — and what is set off against it

The amount is based on the local market rent for the house. What matters is the inheritance share of the remaining co-heirs who are not using the house. So if, alongside your brother, there are two more siblings in the community of heirs, each with a one-third share, then between the two of you, you are entitled on a pro-rata basis. That share is the one that does not fall to the brother living in the house.

But not the full amount of this compensation is automatically to be paid out to you. The burdens of the house — property tax, insurance, upkeep, ongoing running costs — are borne jointly by the community of heirs in proportion to their shares. If your brother has advanced or paid such costs on his own, he can set them off. Alternatively, he can demand separate reimbursement. In practice, it therefore almost always comes down to an overall reckoning: market rent on a pro-rata basis against the costs actually borne, rather than an isolated rent payment.

As an aside, any co-heir may also carry out major measures to preserve the house on his own, without the others’ consent, where those measures are necessary. This affects the later reckoning and should therefore be documented.

The exception that can bring down the whole claim: a registered right of residence

Before making any demand, check whether a right of residence is registered in the land register in your brother’s favour. Such a right entitles him to use the house, or part of it, as a dwelling to the exclusion of the owner. That holds regardless of what the community of heirs may wish to arrange among themselves. If this right was already created during your parents’ lifetime, or ordered as a legacy in the will and carried through in the land register, then your brother holds an independent legal title to live there. In that case your claim for a new arrangement of the use comes to nothing for as long as the right of residence exists. Against a right of residence secured as a charge on the property, you will not get anywhere with a claim for compensation for use.

If there is no such entry in the land register and your brother relies only on an oral assurance from your parents, that generally changes nothing about the legal position. Without registration, or at least a valid agreement of all the co-heirs, matters rest on the statutory rule on shared use. Your claim for a new arrangement then remains in place.

An example from practice

Three siblings inherit the family home in equal shares. The youngest brother moves in after the death and stays; the two sisters live elsewhere. For two years nothing happens. Then one of the sisters demands, in writing, compensation for use with immediate effect. The brother points out that, ever since he moved in, he has paid all the running costs, the property tax and a new heating system. The upshot is that the local rent is applied for the period from the demand onward, calculated on a pro-rata basis for the two sisters. The costs he can prove are set off against it. For the two years before that, by contrast, the figure stays at zero, because no one demanded a new arrangement in good time.

Common mistakes

Acting too late: anyone who stays silent for years loses the compensation for precisely those years for good. A claim for the past, with no prior demand, is practically ruled out.
Demanding only orally: without a provable date, you cannot later establish from when the claim runs.
Guessing the market rent instead of establishing it: without a well-founded comparative rent, the claim is hard to enforce if the co-heir refuses to pay.
Ignoring the costs borne by the occupying co-heir: anyone who sees only the rent claim and overlooks the set-off is negotiating on shaky ground. He risks demanding too much.
Not checking the land register: an overlooked right of residence makes the entire claim hopeless from the very start.

Frequently asked questions

Can I claim rent retroactively for the past years during which my brother has already been living in the house?

As a matter of principle, no. The claim for compensation for use arises only with your express demand for a new arrangement of the use. For the period before that, you have only the claim that the use be newly arranged going forward. There is no payment for past periods.

My brother has been paying the property tax and running costs on his own for two years — is that set off?

Yes. These costs are among the burdens of the house, which really ought to be borne by all the co-heirs in proportion to their shares. If your brother has borne them alone, he can set them off against your claim for compensation. Alternatively, he can demand separate reimbursement for them.

Is a WhatsApp message enough as a demand for a new arrangement?

No particular form is formally prescribed, but what matters is proof of the content and the date. I recommend a letter with proof of delivery, so that no dispute arises later about the date. That is the date from which the claim runs.

What if my brother simply does not pay despite the demand?

Then you can enforce the claim through the courts. Once the claim is served, the rules on surrendering the benefits drawn from the property also apply. In parallel, or as an alternative, you still have the option of demanding that the community of heirs be wound up. That makes sense if you want to dissolve the whole arrangement around the house.

Which takes priority: my claim for compensation for use or winding up the community of heirs altogether?

The two are not mutually exclusive. Any co-heir can demand that the estate be wound up at any time. The ongoing compensation for use only governs the state of affairs until then. Which route makes more sense comes down to your goal: a lasting solution or a quick settlement. You can read more about this basic situation in my article on the blocked community of heirs.

Your next step

Whether, and in what amount, you are entitled to compensation for use turns on the details. These details are ones you can hardly assess reliably on your own: the precise date of your demand, the calculation of the comparative rent, the set-off of costs, and a possible right of residence in the land register. The longer you wait, the more claims for the past lapse for good. Let me check in an initial consultation exactly where your case stands. I will then draft your demand for a new arrangement in a legally watertight way. Get in touch — I will support you in inheritance law in enforcing your claim.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-10-20.

Christian Czirnich, Rechtsanwalt (attorney at law), Kirchseeon near Munich

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