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What happens to the rent if the landlord or tenant dies

Jul 8, 2020 | Last news

Unfortunately, in recent months many people have died in our country due to covid-19. Surely, many owned rental housing and other tenants. All this can generate legal consequences that can originate in the leases of houses when one of the parties that signed the contract dies.

What happens if the tenant dies?

If the tenant dies, the lease would never be terminated because the law grants the family of the deceased tenant (couple, children, grandchildren, parents, grandparents or siblings) who lived together for the remainder of the lease. last years with the deceased.

Other people who have a disability equal to or greater than 65% could also be subrogated, but as long as they had a small relationship of up to the third collateral degree with the deceased tenant and had lived with him during the last two years.

It must be taken into account that the lease would be extinguished if the relatives of the tenant with the right to subrogation did not notify the landlord, within three months, of the death of the tenant, accompanying the certificate that accredits it and also indicating the identity in the communication of the person who wants to subrogate in the contract and the relationship he has with the deceased tenant.

What happens if the deceased tenant did not live with any of the people mentioned above?

If at the time of the tenant’s death none of the people I mentioned existed, then the lease would be extinguished and the owner could already regain possession of the leased home.

What happens if the owner dies?

In this case, it is the heirs of the deceased landlord who would be obliged to continue with the lease for the remaining contract time, except that the deceased landlord was the beneficial owner of the dwelling, in this case upon the death of the beneficial owner lessor it would extinguish the lease and it would not be transferred to the heirs of the usufructuary.

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