No inheritance of lease agreements. Municipal flats in motion
A municipal apartment is a city resource. Inheritance of the municipal apartment lease agreement after the death of tenants will soon be curtaned with new regulations.
About 120,000 Polish families are still waiting in a long queue for the possibility of renting a municipal apartment. It is true that income criteria for tenants of municipal apartments are very strict, but as it turns out – they do not apply to people who inherit such a flat after the death of a close family.
In the Senate, there is a discussion on the bill, which will ban the automatic inheritance of lease agreements of municipal premises. After the regulations come into force, close to the dead will not be able to automatically rent apartments from the city.
The Civil Code regulates the issue of inheritance of lease agreements
New legal solutions are also independent of income. The point is that people who already have real estate could not benefit from city premises.
Currently, the issue of inheritance of lease agreements for municipal premises is governed by art. 691 of the Civil Code. In the event of the death of the tenant of the municipal premises, the contract is automatically inherited by people closest to the deceased, i.e. the spouse, children of the tenant and his spouse, or the persons against whom the tenant was obliged to maintenance benefits, or with whom he was actually in common life.
The only condition is a flat in the premises at the time of the tenant’s death, or taking care of it.
A matter of happiness to liquidation
According to Deputy Minister of Development Tomasz Lewandowski, the local government should have the right to verify the income of people who want to enter the rental of municipal real estate.
– We are banned from inheritance of contracts, in short: you will not enter the lease agreement “from the machine”, regardless of the amount of income, if your parents in this premises lived and you were so lucky. So: you can earn PLN 100,000, your parents had a municipal apartment, you will show that you lived with them before their death, you enter the lease agreement “from the machine”. I think it is simply unfair – explained Tomasz Lewandowski.
At the same time, work is underway in the Sejm on a parliamentary bill, which concerns the liquidation of municipal councils for the use of discounts on the sale of residential premises and introducing special protection for persons over 60 years of age.
It will consist in enabling the commune to buy apartments from them, while concluding a lease agreement for this apartment for an indefinite period.
