Does the lease end with the death of the tenant?

Ask your questions about [email protected].

Question from Jean B. to Meyrin: “At 80 years old, I have lived with my 82-year-old partner for thirty years. We are certified partners under cantonal law. She is the sole holder of the housing lease. As part of an arrangement signed in 2016 before the Conciliation Commission, it was agreed with the lessor that the rent will remain affordable. A clause in the agreement stipulates that the lease expires in the event of the death of the tenant and is therefore not transferable. What happens if she dies, given that we have tested one in favor of the other before a notary?

If the contract says nothing on this subject and the heirs accept the inheritance, the death of the tenant does not mean the end of the lease which continues with the heirs.

In the past, leases were limited to giving the tenant’s heirs the possibility of terminating the lease earlier than due. They also provided for the possibility for non-heirs living in common with the deceased tenant to be awarded the lease, provided they were solvent.

The shortage of housing gives the lessor the opportunity to re-let a more expensive property in the event of a change of tenant, more and more leases now provide that in the event of the death of the tenant the lease ends.

This is not without problems in the event of cohabitation. Please note that the Geneva partnership does not create a change in marital status. Thus, the agreement signed in 2016 is not void simply because it was not submitted to the partner (on the other hand, this would have been the case if the parties concerned were married, given the protection of the family home of husband).

If the clauses providing for the end of the lease in the event of the death of the tenant are open to criticism and potentially void depending on the case (in particular if they appear in general conditions or if the attention of the signatory is not drawn to this), such is not the case here. The clause was discussed in a give-and-take agreement agreed before a conciliation institution.

Our reader should, along with his partner, call on the management to provide a new regime in the event of death and highlight the couple’s multi-decade life situation. In any case, even a landlord without a heart cannot demand the immediate departure of the non-tenant partner upon the death of his partner. He should give him a reasonable amount of time to find new accommodation.

“Latest news”

Want to stay on top of the news? “Tribune de Genève” offers you two meetings per day, directly in your email box. So you don’t miss anything that’s happening in your canton, in Switzerland or around the world.

Other newsletters

Log in

Did you find an error? Please report it to us.

0 comments