Is the grandson entitled to succeed to the grandmother’s tenancy?
Data:
Since 10 July 2001, the group of persons entitled to succeed to a tenancy upon the death of the tenant is determined by Article 691 of the Civil Code. Under this provision, in case of death of a tenant of the residential premises, the tenancy is succeeded by the following: spouse who is not a co-tenant, the tenant’s children and spouse, other persons to whom the tenant was obligated to pay alimony and the person who was actually in cohabitation with the tenant. These persons enter into a tenancy of residential premises provided that they lived permanently with the tenant at these premises until tenant’s death. In the absence of the aforementioned persons, the tenancy for residential premises expires. Thus, as a rule the grandson of the tenant, as a person not belonging to the group mentioned in the above-quoted provision cannot succeed to a tenancy upon the death of the tenant. However, in the current legal status the possibility of entering into the tenancy of the tenant’s grandson cannot be ruled out at all. It should be remembered that also those to whom the tenant was obligated to pay alimony enter into the tenancy. Assessment of whether alimony actually occurred and, therefore, whether the condition under Article 691(1) of the Civil Code has been satisfied will be made by the court based on the circumstances of each case.