Deceased tenant: what about the lease?

Deceased tenant: what about the lease?

"My partner and I live in a flat where only she is officially the tenant. The owner of the flat told me that if my girlfriend died, he would terminate the lease between them with immediate effect.Does he have the right?"

René, Chêne-Bougeries

A residential lease concluded for an indefinite period may be terminated by the contracting parties if the contract does not provide for longer notice periods and terms, subject to compliance with the notice period and the legal term, i.e. three months in Geneva for the end of a lease quarter; these quarters are calculated from the date of signature of the lease contract. In certain situations, however, the lease may be terminated early. This is the case if performance of the contract becomes intolerable for one of the parties, if the tenant becomes bankrupt or dies. In the latter case, and if the contract does not stipulate that it will automatically terminate on the death of the tenant, the lease continues to have effect vis-à-vis the heirs of the deceased, who then have the option of terminating it by observing the legal notice periods and terms (which are then calculated from the date of the tenant's death and not from the conclusion of the lease contract), without being bound by any longer contractual terms and periods. It should be noted that if the landlord and the deceased tenant had agreed shorter notice periods and terms in the event of the tenant's death, these must be respected. If the heirs let the first useful deadline pass, they are deemed to have accepted the continuation of the lease. As for the lessor, he cannot terminate the contract early following the death of the lessee and therefore remains bound by the contractual terms and deadlines, unless he proves that the lessee's death makes the continuation of the lease intolerable for him.

If your friend has heirs and the lease continues, you can enter into a sublease with them and remain in the flat. If she has no heirs, if they repudiate the estate or if the estate is insolvent, the lease will be taken over by the bankruptcy office, which will then decide, as part of the liquidation of the estate, whether to maintain the lease. However, if your friend has no heirs, she can name you as her heir in her will. You will then be the holder of the tenancy agreement on her death, and can decide to maintain it and continue to live in the flat. It should be noted, however, that the landlord always has the right to terminate the lease within the legal or contractual time limits and terms.