Keeping grandma's lease
Keeping grandma's lease
"My son, aged 20, has been living with my mother, who is 83, for around 18 months. She has been renting the flat for 40 years. I am my mother's sole heir. My son is not registered on my mother's lease, but he wants to keep it after her death. What options do we have for keeping the flat?
Florence, Geneva.
In the event of the death of the tenant, the lease does not automatically terminate on the death of the tenant; it continues with his or her heirs in accordance with the principle of universal succession. In effect, the lease passes to the heirs, who will receive the rights and obligations attached to it, provided that they do not repudiate the estate. However, the lessor and lessee may contractually provide that the lease will terminate on the death of the lessee.
Under the old provisions of the Code of Obligations (CO), the landlord had the right to terminate the lease early on the death of the tenant. Today, only the heirs of the deceased tenant may do so, without having to pay compensation, by observing the statutory notice period for the next legal term. The lessor will only be authorised to terminate the lease due to the death of the tenant if performance becomes intolerable for good cause within the meaning of art. 266g of the Swiss Code of Obligations.
So, as you are the sole legal heir, you will become the tenant by operation of law and will simply be able to enter into a sublease with your son, with the prior agreement of the landlord, so that he can stay in the flat. Another solution might be for your mother to also name your son as heir in her will, so that you both become holders of the tenancy agreement.
In both cases, you must inform the landlord of this situation, in accordance with case law, which states that it is the responsibility of the heirs to inform the landlord of the tenant's death, particularly if they wish to occupy the vacant premises. The landlord is not indifferent to the tenant's person, particularly from the point of view of solvency and reputation.
