Abandonment or death of social housing tenant: what happens to the lease?

Verified 28 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When the tenant, that is to say the person who signed the lease, dies or abandons his social housing, the lease can be transmitted to one of his relatives, under certain conditions. We'll explain.

FYI  

We're talking abandonment of housing when the departure of the tenant is permanent, abrupt and unpredictable.

Death of tenant

On the death of the tenant, the lease continues automatically :

  • With her husband
  • Or with his partner from Civil partnerships: titleContent (if he is a co-holder of the lease or had taken steps to become a co-holder)
  • Or with his partner (if he is a co-holder of the lease)

But everyone can give up by giving their notice (leave) to lessor.

In this case, each of the following people may ask the lessor to transfer the lease providing evidence of his/her situation:

  • Partner of Civil partnerships: titleContent who was not a co-owner of the lease and had not taken steps to do so
  • Well-known cohabiting partner who was not co-owner of the lease
  • Ascending who had been living in the dwelling for at least 1 year at the time of death
  • Dependent (for example, disabled person or person over 65 years of age) who had been living in the dwelling for at least 1 year at the time of death
  • Descendant who had been living in the dwelling for at least 1 year at the date of death. His income must not exceed the maximum amount for the allocation of social housing. When social housing is not contracted, housing must not become under-occupiedHowever, the landlord may then choose to offer smaller accommodation.

If more than one of these persons applies for a lease transfer, the protection litigation judge the court on which the dwelling depends shall make its decision taking into account the interests of all.

If none of these persons applies for a lease transfer, the lease is automatically terminated on death.

Abandonment of housing by tenant

Housing is abandoned in only 2 cases:

  • Either the tenant's departure is abrupt and unpredictable, and has been programmed without the knowledge of other people living in the accommodation. For example, the tenant who leaves while his partner is at work taking personal belongings, even furniture.
  • Either the departure of the tenant is made inevitable and definitive due to health problems, and it is imposed on the tenant and his relatives. For example, setting up a senior in a nursing home.

The renunciation of the dwelling by the tenant, the lease continues :

  • With her husband
  • Or with his partner from Civil partnerships: titleContent (if he is a co-holder of the lease or had taken steps to become a co-holder)
  • Or with his partner (if he is a co-holder of the lease)

But everyone can give up by giving their notice (leave) to lessor.

In this case, each of the following people may ask the lessor to transfer the lease providing evidence of his/her situation:

  • Partner of Civil partnerships: titleContent who was not a co-owner of the lease and had not taken steps to do so
  • Well-known cohabiting partner who was not co-owner of the lease
  • Ascending who had been living in the dwelling for at least 1 year at the date of abandonment
  • Dependent (for example, disabled person or person over 65 years of age) who had been living in the dwelling for at least 1 year at the date of abandonment
  • Descendant who had been living in the dwelling for at least 1 year at the date of abandonment. His income must not exceed the maximum amount for the allocation of social housing. When social housing is not contracted, housing must not become under-occupiedHowever, the landlord may then choose to offer smaller accommodation.

If more than one of these persons applies for a lease transfer, the protection litigation judge the court on which the dwelling depends shall make its decision taking into account the interests of all.

If none of these persons applies to the lessor for a lease transfer, the lease is automatically terminated because the dwelling is abandoned.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    For more information on this topic, you can contact Allô Service Public.

    Cost: free service

    The informants who answer you belong to the ministry in charge of housing and city planning.

    Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

    The service is available at the following times:

      • Lundi : de 08h30 à 16h15
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

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  • Departmental Agency for Housing Information (Adil)