CONTINUANCE OF EXISTING LEASE

According to Paragraph 22(1)d of Act LXXVIII of 1993 on Residential and Commercial Leases (“Housing Act”), the lease terminates if the tenant dies and there is no person entitled to succeed the tenant. The requirements for the continuance of a lease are also determined by the same Housing Act.

According to Subsection 32(2), in case of municipal housing if a person can take up residence without the consent of the landlord under this Act, that person is entitled to continue the lease if the tenant has consented to them taking up residence and if they live in the dwelling at the time of the tenant's death

Subsection 21(2) of the Housing Act defines the scope of persons allowed to take up residence without the landlord's consent: the tenant may admit his/her spouse, child, the child of his/her adopted child, and the tenant’s parents to a municipal dwelling without the landlord's written consent.