Can public rental housing be inherited to children?

Public rental housing can be inherited to children. Public rental housing cannot be inherited as property, but it can be continued to be rented by the same resident or other relatives in accordance with the law. The owner of public rental housing is the state or the collective, and after the death of the tenant of public rental housing, the public rental housing cannot be inherited and divided as the property of the tenant, but it can be continued to be rented by the same person or other relatives in accordance with the law.

After the death of the tenant of public rental housing, the 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 reach a consensus in accordance with Article 1, the lessor may determine the change of tenant among the co-occupants in the following order:

1. The spouse of the original tenant;

2. Children of the original tenant;

3. Parents of the original tenant;

4. Other persons who have the right to rent.

3) Co-residents who do not have 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;

4) If it is not possible to 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;

2. Children of the original tenant;

3. Parents of the original tenant;

4. Other immediate family members of the original lessee.

[Legal basis]:

Article 11 of the Measures for the Administration of Urban Housing Leases

During the lease term, if the lessor transfers the ownership of the house, the transferee of the house shall continue to perform the provisions of the original lease contract.

If the lessor dies during the lease term, his heirs shall continue to perform the original lease contract.

If the tenant of a residential property dies during the term of the lease, his or her family members who have lived together for more than two years may continue to lease.

Public rental housing cannot be inherited to children. It can only be inherited if it is private property.

[Legal basis]:

In the Civil Code, only private property can be inherited. Public housing is owned by the State or collectively. Public housing tenants only have the right to rent and have no right to dispose of them. Public housing cannot be inherited as personal property.

As for the renewal of the tenant's children, if the tenant dies during the term of the lease, the family members who have lived together for more than two years may continue to renew the lease. If the tenant's children meet the prescribed conditions, they can apply for renewal of public housing.

Data Extensions

In the event of the death of a tenant of public housing, the 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 reach a consensus in accordance with Article 1, the lessor may determine the change of lessee among the co-occupants in the following sequence:

1. The spouse of the original tenant;

2. Children of the original tenant (housing situation in other places, 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 do not have 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;

4) If it is not possible to 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;

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).

Legal Analysis: No inheritance. Public rental housing is public housing and is public property.

Public housing tenants only have the right to rent, not ownership, and the right to lease cannot be inherited as imitation inheritance. Therefore, after the death of the tenant of the public tenant's house, his daughter cannot inherit the public rental housing and must vacate the public rental housing.

Legal basis: Article 1122 of the Civil Code provides that an estate is the personal legal 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.

Public rental housing cannot be inherited to children. According to the provisions of the Civil Code, the property to be inherited must be private property, and public rental housing is a kind of affordable housing, which belongs to the common property of the state or collective, and the tenant only enjoys the right to rent the house during the rental period, and has no ownership and disposal rights, and the right of rent cannot be inherited. As for whether the children can renew the public rental housing, it also depends on whether the children meet the application conditions for public rental housing, and those who meet the conditions can apply for renewal.

In addition, family members who have lived with the original tenant for more than 2 years can continue to live in the lease before the lease expires.

According to Article 1122 of the Civil Code, an inheritance is the legal property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or according to its nature shall not be inherited.

The lawful property of an individual includes: (1) the income of a citizen; (2) Citizens' houses, savings, and daily necessities; (3) Citizens' forests, livestock and poultry; (4) Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens.

Tenants of public rental housing will not be able to continue to use public rental housing under the following circumstances:

1. When the lease contract of public rental housing expires, the lease right shall be terminated, and the lease right shall not be gifted, transferred or inherited.

2. If the tenant of public rental housing obtains other housing or rural housing as a base through purchase, donation, inheritance, etc., he shall take the initiative to notify the operating unit of the rented public rental housing within 30 days after the purchase and contract, acceptance of gift, inheritance and other acts, and go through the procedures for terminating the lease contract of the public rental housing.

3. If the lease of public rental housing is renewed, the tenant shall submit an application 3 months before the expiration of the lease. If the lease does not meet the conditions for renewal after review, the application for renewal of the lease is not submitted in accordance with the regulations, or the lease contract is not renewed after the expiration of the lease for other reasons, the public rental housing shall be withdrawn after the expiration of the lease contract.

4. If the lease contract of public rental housing is terminated or expired or the public rental housing is repossessed, the tenant shall settle the relevant expenses, vacate the housing within 30 days from the date of termination and expiration of the lease contract, and go through the relevant procedures. Public rental housing

How long does it take for a property to be transferred.

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 can be continued to be rented by the same occupant or other relatives in accordance with the law, in fact, that is, the inheritance of the tenant right of public housing.

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

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 reach a consensus in accordance with Article 1, the lessor may determine the change of lessee among the co-occupants in the following sequence:

1. The spouse of the original tenant;

2. Children of the original tenant (housing situation in other places, length of residence in this place, etc.);

3. Parents of the original tenant;

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

3) Co-residents who do not have 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;

4) If it is not possible to 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;

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).