Succession in lease contracts

Succession in lease contracts

 "My father died at the end of the year and the management company where he was a tenant sent me and my brothers a letter explaining that we had to countersign the fact that we no longer wanted to be joint tenants and that the lease would therefore remain in my mother's name alone. Is this compulsory? " 

Catherine, Vésenaz

Under Swiss law, when a person dies, his or her estate is opened and his or her heirs acquire the entire estate by operation of law, in accordance with articles 537 and 560 of the Civil Code (CC). As soon as the estate is opened, the assets, debts, rights and obligations of the deceased pass to the surviving heirs. If a lease forms part of the estate, it passes to all the heirs.

For example, if a married couple are joint tenants of a flat, upon the death of one of the spouses, the surviving spouse and any children of the household will receive the entire estate, including the lease. The widow or widower and any children will then become joint tenants as soon as the estate is opened.

It should be remembered that article 566 of the Civil Code allows heirs to repudiate the succession, in which case they will inherit nothing from the deceased. This mechanism is often used when the deceased is heavily in debt and the heirs do not want to take on the situation. In such a case, the heirs will not become the owners of any contracts entered into by the deceased if the latter had entered into them. It is not possible to choose just one part of the inheritance and keep only the most attractive part.

By accepting the succession, you and your brothers have directly become joint holders of the lease to which you were not originally party. In such circumstances, each of you has the option of withdrawing from the contract if all the other parties to it agree.

The Régie can therefore in no way oblige you to withdraw from this contract, and it is up to you to decide whether or not you wish to remain its holder. You are therefore under no obligation to sign the document that has been sent to you, but you may of course do so if you wish to withdraw from the contract, renouncing the rights and obligations arising from it and leaving the benefit solely with your mother.