In the event of a death, the administrative procedures vary depending on the patrimonial situation of the deceased. Having owned or rented does not involve the same procedures. In one case, it will be necessary to ask the question of the sale, while in the other, it may be a question of making the accommodation, but not always.
Transfer of the lease
If, at the time of his death, the tenant was married or PACS, the surviving spouse or, since 2014, the partner of PACS, is automatically considered as joint holder of the lease for the main residence, even if his name did not appear on the contract. There is no proof of common life to bring. Furthermore, if the tenant's partner, children or grandparents have lived with him for at least a year, they too can avail themselves of the transfer of the lease for their benefit. However, they must inform the owner by registered mail, explaining their situation and asking him to note the transfer. There is no time limit for taking action.
In any case, no need to sign another lease since the current contract is simply transferred, without the lessor being able to oppose it. As for any unpaid rent from the deceased, they will be settled as part of the estate, and therefore not necessarily by the new tenant.
Termination of the lease
Did the deceased live alone? In the absence of a possible transfer, the lease is automatically terminated and the death terminates the rental without the family having to give notice of leave. Relatives must first warn the lessor of this tragic loss, before sending him a death certificate when it is established. The heirs can then take the time necessary to put the affairs of the deceased in order and vacate their accommodation. But the law does not impose any deadline. It is therefore up to the family to get along with the owner.
Most often, individuals agree on a period of one or two months to vacate the premises and return the keys. The heirs must then compensate the owner for the duration of this posthumous occupation by paying him compensation corresponding to the amount of the rent. Any unpaid or degraded items committed in the home will also be settled as part of the estate.
Empty places
But what if no one shows up to pick up the tenant's belongings and vacate the rental? The landlord is then obliged to obtain a court decision to have the right to empty the apartment. And it is better to follow the procedure since if an heir finally disembarks later, he can sue the owner who is too impatient.
Two procedures are possible. The first option is to wait three months after death to be able to ask the court to appoint a temporary administrator who will decide the fate of the deceased's furniture. To re-let the accommodation more quickly, the owner can otherwise send a request to the court offices to draw up a descriptive statement of the furniture. If no heir appears during the month following the death, the judge may then authorize the lessor to have the furniture removed and to keep it elsewhere at his expense. Two months later, he must in any case ask the magistrate for the appointment of a curator to settle the furniture issue definitively. It is to him that he must also apply to be reimbursed for the costs of removal and conservation.
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Special cases
There are two notable exceptions to this general legislation:
- Furnished rentals: although Alur law subject furnished rentals to most of the rules governing empty rentals, the issue of the tenant's death continues to be an exception. Instead of being automatically terminated, the lease here automatically passes to the heirs who can therefore occupy it without any specific procedure. Conversely, if they wish to return the accommodation, they will have to respect the usual notice period to give notice.
- Suspicious death: accommodation is sealed when the circumstances of the death are suspect. If the investigation lasts more than two months, the owner can make a request for compensation to the Ministry of Justice.
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