How to solve the problem of inheritance of tenancy rights after the death of a public housing tenant

The owner of public housing is the state or the collective, so after the death of the tenant of public housing, the public housing cannot be inherited and divided as the property of the tenant, but it can be continued to be rented by the same occupant or other relatives in accordance with the law, which is actually the inheritance of the tenant right of public housing.

Legal analysis

In the event of the death of a tenant of public housing, a new tenant shall be determined in accordance with the following provisions:

1. If the co-resident has a permanent residence in the city before his death, the person determined by the co-resident through consultation shall continue to lease;

2. If it is not possible to negotiate in accordance with Article 1, the lessor may determine the change of lessee in the common place of residence as follows:

1. The spouse of the original tenant;

2. Children of the original tenant (according to the living situation of other places, the length of residence in this place, etc.).

3. Parents of the original tenant;

4. Other people (according to the housing situation of other places and the length of residence in this place).

3. Co-residents who did not have permanent residence in the city before their death shall continue to be tenanted by other spouses and immediate family members who have permanent residence in the city;

4. If consensus cannot be reached in accordance with Article 3, the lessor shall determine the lessee in the following order:

1. The spouse of the original tenant;

2. Children of the original tenant (according to the living situation elsewhere);

3. Parents of the original tenant;

4. Other immediate family members of the original tenant (according to the housing situation elsewhere).

A co-occupant refers to a person who has actually lived in the rented house for more than one year (except in special circumstances) when the tenant of a public residential house dies or changes the lease relationship, and there is no other house to live in in the city, but it is difficult to live (marriage and birth are not subject to the above conditions).

Legal basis

Civil Code of the People's Republic of China

Article 323:The owner of the usufructuary right shall enjoy the right to occupy, use and benefit from the immovable or movable property owned by others in accordance with law.

Article 326: In exercising their rights, usufruct rights holders shall abide by the provisions of the law on the protection and rational development and utilization of resources and the protection of the ecological environment. The owner shall not interfere with the exercise of the rights of the usufructuary owner.

Hello, not everyone can inherit public rental housing, and you need to meet the conditions to inherit, such as hukou or long-term residence there, which is the priority condition for inheritance. Public rental housing is different from commercial housing inheritance.

The name of the house is still your father's name, and the family negotiates the inheritance procedures, otherwise the house will still be a matter in the future.

Can't inherit the lease of public housing? Hear me out.

According to what you said, the house should be public rental housing, and the ownership of the house is **, and the tenant does not have the right to inherit.

The public house is my husband's name, he is gone, can I live in it permanently.

The tenant does not have ownership of the public housing, and the relationship between the tenant and the lessor is a housing lease contract. Therefore, if the tenant dies, the public housing cannot be inherited in the legal sense, but the tenant of the public housing can be changed after the death of the original tenant.

Public housing tenants refer to individuals and units that implement the prescribed rent standards and establish a lease relationship with the property owner or manager of public housing.

"Co-occupants" refers to those who have permanent residence in the expropriated house at the time of making the decision to expropriate the house, and have actually lived in the house for more than one year (except in special circumstances), and there is no other housing in the city, or there is other housing but it is difficult to live.

Extended Materials. The Detailed Rules for the Implementation of the Expropriation and Compensation of Houses on State-owned Land in Shanghai stipulate that "the monetary compensation and property rights exchange houses received by public housing tenants shall be jointly owned by public housing tenants and their co-occupants." ”

Article 1127 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation.

If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

Legal Analysis: No inheritance. A change of tenant in public housing generally occurs after the death of the original tenant.

Because people still have the concept that the house allocated to them is their own property, many elderly people want to leave the house to their children by making a will; There are also people who compete for the public housing rented by the elderly after the death of the elderly. In fact, legally speaking, as a welfare treatment given by the state and units, public housing is not the private property of individuals, and individuals cannot leave it to anyone by making a will. Secondly, the right to lease public housing is also not inheritable, and the inheritance is the personal legal property left behind by the citizen when he dies", while the property right of public housing belongs to the state, not the property owned by the individual citizen, so there is no inheritance problem.

In the public housing system, although the right to rent and live in public housing is involved, this right is different from ordinary property rights, and the tenant only has the right to live in it himself, but does not have the right to dispose of the property. Therefore, after the death of the original tenant, the change of the lease right of public housing is a difficult issue in practice.

Legal basis: Article 1122 of the Civil Code of the People's Republic of China An estate is a personal lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

If the family member dies during the term of the lease, the family members who have lived together for more than two years may continue to live the lease.

Legal basis: According to Article 11 of the Measures for the Administration of Urban Housing Leasing issued by the Ministry of Construction, if the tenant of a residential building dies during the lease period, his family members who have lived together for more than two years may continue to lease. If the tenant's family meets the prescribed conditions, they can apply for renewal of public housing.

The issue of inheritance after the death of a tenant of public housing is as follows:

1. The tenant of public housing was a permanent resident of the city before his death and the permanent residence of the co-resident is the same as that of the tenant of the public housing, and the premise of choosing to continue the lease is that it must negotiate with the co-tenant and obtain consent;

2. If it cannot be agreed with it, the tenant can be changed among the co-residents;

3. Co-residents who did not have a permanent residence in the city before their death shall continue to be rented by other spouses and immediate family members who have permanent residence in the city.

Civil Code of the People's Republic of China

Article 174.

After the death of the person being **, in any of the following circumstances, the ** act carried out by the entrusted person is valid:

1) The person did not know and should not have known that the person was killed;

2) The heirs of the person being ** shall be recognized;

3) It is clearly stated in the authorization that the ** right shall be terminated when the ** transaction is completed;

4) It has been carried out before the death of the person being **, and continues to be carried out for the benefit of the heirs of the person being **.

Where a legal person or unincorporated organization that is the subject of ** is terminated, the provisions of the preceding paragraph are to be applied by reference.