If the landlord dies or I inherit a flat that is let, does the tenancy end?

Question

José Manuel Alburquerque · Accepted Answer

No. The landlord's death does not end the tenancy agreement. The heirs take the landlord's place with the same rights and obligations, so they must respect the term, the rent and the other agreed terms. The tenant continues to pay the rent, which now belongs to the heirs. The exception is where the person who let the flat was only a usufructuary, for example a surviving spouse who had the usufruct of the estate, because tenancies granted by a usufructuary end, in principle, when their right ends. The heirs take the landlord's place They cannot ask the tenant to leave because they have inherited. They will have to wait for the tenancy to end and give the notice required by law, as the deceased would have had to do. From the death, the rent belongs to the heirs, who are the ones who declare it to the tax authorities. Until the inheritance has been accepted, those entitled to inherit can collect it and pay it into an estate account without this amounting to acceptance. They will have to return the statutory deposit (the “fianza”) paid by the tenant when the tenancy ends. If there are several heirs, they should agree on who manages the letting and which account the rent is paid into. The usufruct exception The usufructuary is the person who has the right to use the home and collect its rent without being its owner. This is common in inheritances, because the widow or widower often receives the usufruct and the children the ownership. The law says that tenancies granted by a usufructuary end when their right ends, which is normally on their death. When the owner loses the home for other reasons, such as a mortgage repossession, the law allows the tenant to stay until the tenancy reaches five years, or seven if the landlord is a legal entity. It makes no such provision for usufruct. If, on the other hand, the agreement was signed by the owner who has died, it continues unchanged even if the widow or widower receives the usufruct and collects the rent. That is why it is worth checking who signed the agreement as landlord and in what capacity. If it was signed by the usufructuary who has died and the owners want the tenant to stay, the prudent course is to sign a new agreement. If they want to recover the home, they should tell the tenant so in writing as soon as possible and not collect the rent without making it clear that they do not accept the tenancy continuing. What to do The heirs should tell the tenant in writing who they are and which account the rent must be paid into. They can prove this with the will or with the declaration of heirs. Until they do so, the tenant will normally keep paying as before. In Catalonia, it is advisable to notify the “INCASÒL”, the Catalan public body that holds tenancy deposits, of the change of landlord, because the statutory deposit is lodged in the name of the deceased.