What to Do in the Event of Death

Cancellation of a Lease on the death of a Lessee

To cancel the lease of a lessee who has died, the liquidator of the succession or an heir must give notice as follows:

Death of a tenant who was living alone at the time of death

  • The liquidator of the succession or an heir may resiliate the lease by giving the landlord (who may also be the owner) two months' notice in writing within six months after the death. The rent must be paid until the resiliation takes effect, unless the dwelling is re-leased during that same period.
 

Death of a tenant who was living with another person who did not sign the lease

  • The person who was living with the deceased tenant continues to occupy the dwelling but does not avail himself of the right to become the new tenant within two months' after the death, the liquidator of the succession or, an heir may, in the month which follows the expiry of two-month périod, resiliate the lease by giving the landlord one month's notice to that effect.

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