Mr. Wang and Ms. Zhang entered into a three-year lease contract and agreed to pay the rent on an annual basis. Unexpectedly, just over a year later, Ms. Cheung died suddenly due to illness, and Ms. Cheung's younger brother continued to live in the house.
However, Mr. Wang believed that he had signed a contract with Ms. Zhang, and only had to abide by the agreement with Ms. Zhang, so he demanded that Ms. Zhang's younger brother must move out of the house within 15 days. However, Ms. Zhang's younger brother felt that although her sister had passed away, the lease contract signed by the two parties had not expired, and Ms. Zhang's family had the right to continue to lease the house.
So, after the death of the tenant, can the lease be inherited?
Ms. Zhang's younger brother has the right to continue to lease the property. According to the law, if the tenant dies during the lease period, the person who lived with him before his death may lease the house in accordance with the lease contract. In this case, although Ms. Zhang died, the lease contract signed by the two parties had not expired, and as her family members who lived together before her death, they could lease the house in accordance with the original lease contract until the lease contract expired.
The legal basis is as follows:
Civil Code of the People's Republic of China
Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.
Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
Article 732 Where a tenant dies during the term of the lease of a house, the person who lived with him or the co-operator may lease the house in accordance with the original lease contract.
Tengye reminds that when carrying out leasing activities, you must sign a lease contract, which can avoid risks and help protect your legitimate rights and interests. In addition, if the lessee breaches the contract during the performance of the lease contract before his death, the lessor may also claim that the co-occupants or co-operators shall bear the corresponding liability for breach of contract.