Can my son take over my home after my death?
Can my son take over my home after my death?
"I've lived in my flat since 1 January 1964. I've always looked after it very well and spent a lot of money on making it more comfortable. My son obviously wants to take over my flat after my death. Could you tell me which article of the law says that heirs can take over the lease, and what steps need to be taken?
Dorette, Versoix
Under article 560 of the Civil Code (CC), as soon as the succession is opened, the heirs are seized of the claims and actions, property rights and other rights in rem, as well as the assets that were in the possession of the deceased. In principle, the death of the tenant does not terminate the lease contract, which continues with all the heirs without any particular steps being necessary. However, if you live in a shared tenancy with your spouse and his or her name is mentioned on the contract, the lease will continue with your heirs and your surviving spouse; if you have only one heir, he or she will be able to enjoy your lease alone.
However, you will need to check that your lease does not indicate that it will end with the death of the tenant; this would be a fixed-term lease and none of your heirs would be able to assert a right to the flat. Apart from this, under no circumstances can the landlord terminate the lease early because the tenant has died. Under art. 266i of the Swiss Code of Obligations (CO), only your heirs may terminate the contract. However, under art. 266g of the Swiss Code of Obligations, the landlord may terminate the contract at any time if performance of the contract has become intolerable, for example if your heirs are unable to pay the rent.
However, if your heirs do not wish to continue the tenancy, they must jointly give notice. If they fail to do so jointly, the notice will be null and void (art. 653 CC). Notice may be given shortly after the tenant's death, subject to the deadline set by the contract or the law (three months). If your heirs miss the first useful deadline, they will no longer be able to terminate the lease early, as the landlord will assume that they intend to continue the lease.
