The question of who will rent the tenant after the death of the landlord

Supplement: 1. The friend upstairs may not understand the nature of the public housing, and the household registration does require the consent of the head of the household, from what you said, the head of the household should be your father, or your father has changed to your stepmother after his death? In that case, it would not be illegal for your stepmother, as your father's spouse, to keep your father's or her own household register, and to decide whether or not to let you move in.

2. If you want to move into the hukou, you may really need your stepmother's cooperation: although she does not have a Beijing hukou and cannot apply to become a continuing tenant, she is a co-resident and a spouse.

3. Regarding the agreement, you can negotiate with her again: either 55 or 37 points, you take the majority, and tell her that if you don't agree and let the lease be invalidated, she will not get anything.

4. The agreement is a gift agreement, and the gift agreement can be reversed before the agreed property is delivered to her. But it is also possible that the court will find it valid and let you perform according to the agreement, and even then, you can still get a part.

5. It is recommended to find the police station where your father's household registration is located to see if you can ask the public security to help take out your father's household registration book by reporting the loss or on the grounds of handling your father's funeral, and then move to the household. If that doesn't work, you'll have to negotiate with your stepmother.

1. "If my father dies, can my stepmother rent a house in Beijing if she is a foreigner?" Your stepmother can rent as long as she has an official Beijing hukou and has lived with your father for a long time.

2. "Now my stepmother won't give me my father's household registration book": If you haven't moved into the house before your father's death, and you haven't lived with your father before his death, it will be difficult for you to rent a lease.

3. "Is there another way?" ”：

1) If you want to move into the household registration: you should get the consent of the head of the household and hold the household registration book of the head of the household, and the most important thing is that the police station where the property is located can agree.

2) If you want to become a continuing tenant: you can negotiate with the owner of the public housing unit.

I don't think you made it clear.

Your father is just a tenant, right, not a homeowner.

If this is the case, according to the relevant provisions of the Marriage Act, after the death of the tenant, the family members who live with them can continue to rent the house.

Your stepmother, whether she is a foreigner or not, has the right to continue to rent the house after your father's death as long as she does live with your father (if the house is a public house, there may be other regulations, this is to ask the relevant authorities).

Whether or not you can sneak into this account depends on whether the head of the household agrees. Even if you move in and don't live with your father, only your stepmother will be able to rent it, and if you live with you, only your stepmother and you will have the right to rent the house.

I understand what you mean, that is, in fact, now you and your stepmother actually have no right to ask for a rental house, your stepmother's poor condition is that you do not have a hukou, and your poor condition is that you do not have a hukou and do not live together.

That's why your stepmom wants to quid pro quo.

Judging from the agreement, it is obviously unfair, whether you can enter the household registration is not your stepmother's final say, it is the head of the household who has the final say, I suggest that you directly find the head of the household to enter the household, and you can talk about it if you live together or something. An 80 percent to 20 percent hukou has to be settled, which is really bullying.

Legal analysis: When the tenant of public housing dies, if the tenant of the public housing has a cohabitation, and the co-occupants who have permanent residence in the city before their death reach a consensus and request to change the tenant user, the lessor shall agree. In the event of disagreement through negotiation, the lessor shall determine the lessee in writing from among the co-occupants who have a household registration in the city in the following order:

1) The spouse of the original tenant 2) The children of the original tenant (according to the housing situation of other places, the length of residence in this place) 3) The parents of the original tenant 4) Other people (according to the housing situation of other places, the length of residence in this place.

2. When the tenant of public housing dies, if there is no co-occupant of the public housing and the tenant of the public housing dies, and the co-occupant of the public housing has a permanent residence in the rented house, he or she may continue to perform the lease contract, and the co-occupant of the former co-occupant does not have a permanent residence in the rented house, or if he has no co-occupant before his death, his spouse and immediate family members who have a permanent residence in the city before his death may continue to perform the lease contract. In the event of the death of the tenant of public housing other than the above circumstances, the lessor has the right to take back the premises when the lease relationship is terminated.

1) If the co-occupant has a permanent residence in the city before his death, the person determined by the co-occupant shall continue to lease the tenant (2) If the tenant cannot be negotiated in accordance with Article 1, the lessor may determine and change the tenant in the co-residence as follows:

1. The spouse and children of the original tenant shall live in the same place according to the living situation and the length of residence in the original tenant, and the parents and others of the original tenant shall live in the same place according to the housing situation and the length of residence in the same place.

3) If the co-occupants who did not have a permanent residence in the city before their death, and the spouses and immediate family members who have permanent residence in the city continue to lease the tenant by consensus (4) If they cannot reach a consensus in accordance with Article 3, the lessor shall determine the lessee in the following order:

1. The spouse of the original tenant and the children of the original tenant shall be housed elsewhere according to their living conditions, the parents of the original tenant, and other immediate relatives of the original tenant.

Legal basis: Civil Code of the People's Republic of China Article 732 If a person in the tenant hall dies during the term of the lease of the house, the person who lived with him or the co-operator may lease the house in accordance with the original lease contract.

Legal analysis: If the tenant of a public residential housing dies, and his co-occupants have permanent residence in the rented housing area, they can continue to perform the lease contract; If the co-occupants of Zheng or Shou did not have a permanent residence in the city or did not have a co-occupant before their death, their spouses and immediate family members who had permanent residence in the city before their death may continue to perform the lease contract.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715: With the consent of the lessor, the tenant may improve or add other things to the leased wild property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

If the landlord dies suddenly during the tenancy, the tenant needs to take legal action accordingly. First of all, you need to check the relevant clauses in the lease contract to see if there is a provision regarding the death of the owner. If there are no relevant provisions in the contract, according to the relevant provisions of the Contract Law, the tenant can negotiate with the heirs of the landlord to terminate the contract or continue to perform the contract.

In addition, if the tenant causes losses or hardship as a result, the tenant can claim compensation from the owner's heirs.

Legal basis:1Article 42 of the Contract Law: If one of the parties is unable to perform the contract due to force majeure, it may be partially or completely exempted from liability after negotiation according to the impact of force majeure; If it cannot be negotiated, it shall be handled in accordance with the provisions of the law and the law of friendship.

3.Article 1880 of the Civil Code: If a party fails to perform the contract, it shall bear the liability for breach of contract, unless the reason for the failure to perform is not its fault.

Legal analysis: After the death of the tenant, his family members are not allowed to move into the rental house, and only the person who lived with him before his death or the co-owner can continue to lease the house. The lease contract is generally terminated after the tenant's death, and the tenant's family can only lease the property with the consent of the landlord.

According to Article 732 of the Civil Code of the People's Republic of China implemented in 2021, if the tenant dies during the lease period, the person who lived with him or the co-operator may lease the house in accordance with the original lease contract.

Legal basis: Article 732 of the Civil Code of the People's Republic of China stipulates that if the tenant dies during the lease term, the person who lived with him or the co-operator may lease the house in accordance with the original lease contract.