In the event of the death of the tenant, the lease is automatically transferred to the descendants who lived with him. And this, without additional procedure.
The tenant did not go to court to have his rights recognized to remain in the premises, declared the Court of Cassation on September 28, contrary to what an HLM office maintained.
However, this automatic transfer of the lease does not take place only if the new holder fulfills the conditions of allocation and whether the accommodation is suitable for the size of the household. To stay in place, new tenant will thus have to prove that he fulfills the conditions of resources and that, despite the death, the accommodation has not become too large in relation to the number of occupants.
An office of HLM, which had not been informed of the death of a tenant who had occurred four years earlier, reproached the son who had remained in the premises, of being an occupant without right since he had not taken any steps to be recognized as the new holder of the lease.
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But it was not necessary, judged the Court of Cassation, since it was new holder of the lease by the sole effect of the law of 1989 which applies to all accommodation and governs relations between landlords and tenants. Thereafter it will be necessary to verify if he could remain in the premises.