Death of the tenant: what happens to the lease?

"On the death of the tenant of a property used as a dwelling, the only persons entitled to succeed to the lease are those indicated in Article 6 of Law no. 392 of 1978." That is what was held by the Civil Court of Cassation, Third Division, by judgment of 22 May 2001, no. 6965.

The case

On the death of the elderly tenant of a property used as a dwelling, the owner of the property claimed payment of the remaining rent from the deceased's heirs. According to the Supreme Court, however, if the deceased tenant lived alone in the apartment, the lease ends at the very moment of his or her death and the heirs may therefore return the property without any need for notice, being obliged only to pay the consideration for the period necessary to hand the premises back. If, by contrast, the tenant lived with family members, they succeed to the tenancy, which continues in their name. In that case, any notice by the heirs must be given according to the rules laid down in the lease.

More specifically, on the tenant's death, the following succeed to the contract (as provided by Article 6 of Law no. 392 of 1978):

the spouse, who also succeeds in the event of judicial separation, dissolution of the marriage or cessation of the civil effects of the marriage, if the court has awarded him or her the right to live in the matrimonial home. The spouse likewise succeeds in the event of consensual separation or nullity of the marriage, if that was provided for in the agreements with the deceased spouse;

the heirs, relatives and relatives by marriage who habitually lived with the tenant.