Abandonment or death of social housing tenant: what happens to the lease?

Abandonment of housing

Housing is abandoned in only 2 cases:

• Either the tenant's departure is abrupt and unpredictable, and has been programmed without the knowledge of other people living in the accommodation. For example, the tenant who leaves while his partner is at work taking personal belongings, even furniture.
• Either the departure of the tenant is made inevitable and definitive due to health problems, and it is imposed on the tenant and his relatives. For example, setting up a senior in a nursing home.

When the tenant abandons the dwelling, the lease continues:

• with her husband
• or with its partner in Civil partnerships: titleContent (if he is a co-holder of the lease or had taken steps to become a co-holder)
• or with his or her partner (if he or she is a co-holder of the lease).

However, everyone can give up by giving his notice (leave) to lessor.

In this case, the lease may be transferred by agreeable to any of the following:

• Partner of Civil partnerships: titleContent who was not a co-owner of the lease and had not taken steps to do so
• Cohabiting partner who was not a co-owner of the lease and who had been living in the dwelling for at least 1 year at the date of death
• Ascending who had been living in the dwelling for at least 1 year at the time of death
• Dependent (e.g. disabled person or person over 65 years of age) who had been living in the dwelling for at least 1 year at the time of death
• Descendant who had been living in the dwelling for at least 1 year at the date of death. His income must not exceed the maximum amount for the allocation of social housing. However, in some cases, housing should not become under-occupied.

If there are several applications, the protection litigation judge of the court on which the dwelling depends makes his decision taking into account the interests of each.

If no person qualifies for the transfer of the lease, it is automatically terminated on death.