The lease of a dwelling and the death of one of the spouses or civil partners

FOCUS ON THE LEASE MANDATE

The lease of a dwelling and the death of one of the spouses or civil partners

In our September newsletter, we discussed how the death of a resident living alone imposes certain obligations on the deceased’s heirs, including terminating the lease before it is renewed.

However, when one spouse or civil union partner dies, the heirs are not required to send notice for the following reasons.

People who sign a lease in which they are named are tenants, or co-tenants, and not mere occupants who can exercise their rights to remain in the premises after completing certain legal formalities. As roommates, and with regard to the payment of rent, for example, they must each pay their share of the rent, and if they fail to do so, the landlord may sue each of them for the unpaid portion. However, many landlords avoid these pitfalls by filling out the joint liability clause provided for in the lease. When tenants sign this type of lease, each of them becomes responsible for paying the total amount of rent if one of them fails to pay their share.

If you live in a residence as a married or civil union couple, you should know that even if you have not signed a joint liability clause, you are liable for the total rent in the event of the death of your spouse, by virtue of the legal joint liability of spouses who enter into contracts for the family’s daily needs. Consequently, in the event of death, you are required to pay the total rent until the end of the lease, unless you have an agreement with the PSR where you live. Regardless of the terms of this agreement, be aware that you are not legally required to pay for services that were not used by the deceased.

Finally, find out about the possibility of taking advantage of certain exceptions provided for by law that allow you to terminate your lease with two months’ notice when this new situation requires you to move to another place of accommodation, including another PSR.