Abandonment or death of the tenant of a social housing: what happens to the lease?
Verified 07 July 2021 - Legal and Administrative Information Directorate (Prime Minister)
When the tenant, who is the holder of the lease (i.e. the person who signed the lease), dies or abandons his social housing, the lease may benefit one of his relatives, in some cases. We talk abandonment of the dwelling when the departure of the tenant is final, abrupt and unpredictable.
Death
Upon the death of the tenant, the lease automatically continues:
- with her husband
- or with his partner Civil partnerships: titleContent (if he or she is a co-owner of the lease or had approached to become a co-owner)
- or with his or her partner (if he or she is a co-owner of the lease)
However, it can be abandoned by giving notice (leave) to lessor.
If the lease is waived, it may be transferred by attractive :
- partner Civil partnerships: titleContent who was not a co-owner of the lease and did not take the steps to be a co-owner
- to the partner who was not a co-owner of the lease and who had lived in the dwelling for at least 1 year at the date of death
- to the ascendant of the deceased, if they had lived in the dwelling for at least 1 year at the date of death
- dependent (for example, disabled or over 65) who had been living in the dwelling for at least 1 year at the date of death
- to downhill who had been living in the dwelling for at least 1 year at the date of death. Its income must not exceed the maximum amount for the allocation of social housing. In some cases, however, housing should not become underoccupied.
If there are several requests, the court of protection litigation of the court on which the housing depends makes its decision taking into account the interests of each.
If no person qualifies for the lease, he or she is automatically terminated for death.
Abandonment
There are only 2 cases of abandonment:
- Either the departure of the tenant is sudden and unpredictable, and has been programmed without the knowledge of other people living in the dwelling.
For example, a tenant who leaves while his partner is at work taking personal belongings or furniture. - Either the departure of the tenant is made inevitable and final due to health problems, and it is imposed on the tenant and his relatives.
For example: installation of an elderly person in a nursing home.
Upon abandonment of the dwelling by the tenant, the lease continues:
- with her husband
- or with his partner Civil partnerships: titleContent (if he or she is a co-owner of the lease or had approached to become a co-owner)
- or with his or her partner (if he or she is a co-owner of the lease)
However, it can be abandoned by giving notice (leave) to lessor.
If the lease is waived, it may be transferred by attractive :
- partner Civil partnerships: titleContent who was not a co-owner of the lease and did not take the steps to be a co-owner
- to the partner who was not a co-owner of the lease and who had lived in the dwelling for at least 1 year at the date of death
- to the ascendant of the deceased, if they had lived in the dwelling for at least 1 year at the date of death
- dependent (for example, disabled or over 65) who had been living in the dwelling for at least 1 year at the date of death
- to downhill who had been living in the dwelling for at least 1 year at the date of death. Its income must not exceed the maximum amount for the allocation of social housing. In some cases, however, housing should not become underoccupied.
If there are several requests, the court of protection litigation of the court on which the housing depends makes its decision taking into account the interests of each.
If no person qualifies for the lease, he or she is automatically terminated for death.
- Act No. 89-462 of July 6, 1989 on rental reports: Article 40Conditions for the transfer of a lease of a social housing
- Act No. 89-462 of July 6, 1989 on rental reports: Article 14Abandonment, death
- Civil Code: Article 1751Spouses and joint tenants