When the landlord dies, who is paid the rent by the tenant?

Hello guys. I recently rented the premises of the landlord, who lives alone, without children and relatives nearby. The lease contract is 5 years. However, the landlord dies when I have only rented for 1 year. Now I still want to continue to rent because my business is starting to grow. So now, can I continue to rent or not and to whom do I have to pay rent?

FDVN’s Opinions:

            Clause 1 of Article 133 of Law on Housing 2014 on the “Rights to continue renting houses” provides that:

            “In case the homeowner dies but the lease has not expired, the lessee has right to continue renting the house for the rest of their lease term. The heir is required to keep performing the lease agreement unless otherwise agreed. If the homeowner has no lawful heir as prescribed, that house shall be under the ownership of the State and the lessees have right to continue renting as prescribed in regulations on management and use of state-owned houses”

            Thus, if your landlord dies but the term of the lease has not been expired, you can continue to rent until the end of the lease term.

There are 02 cases related to the payment:

            Case No. 1: The owner has an heir.

The division of inheritance depends on the will of the landlord or is divided according to law to the heirs in case the homeowner dies without leaving a will.

If the landlord has only one heir, this person shall concurrently inherit the property obligations left by the landlord under the provisions of Article 133 above. And you are obligated to pay rent to this heir.

In case the landlord has many heirs, the issues arising concerning your lease will be done according to the division agreement of the heirs.

            Case No. 2: The owner has no heirs

            The leased house will be owned by the State and the current tenant may continue to rent it according to regulations on management and use of state-owned houses in Chapter V of Decree 99/2015/ND-CP guiding Law on Housing.

Hoàng Thúy Quỳnh – FDVN Law Firm

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