After the death of his father, an adult son remained in the apartment, while continuing to pay the rent, while awaiting a transfer of the rental contract to his name.
The lessor refused and took the descendant to court for eviction and payment of occupation compensation until the premises were vacated.
In his defense before the first judges, the son indicates that he immediately notified the death of his father, without the lessor coming forward for three years, and that he always paid the rent.
The lessor was therefore ordered to transfer the rental contract to the son's name.
Refusing to comply, he appealed, emphasizing that the rental contract can only be transferred if the son provides proof of his parentage and that of cohabitation with the deceased for at least one year, in accordance with the law (L. 89-462 of July 6, 1989, art. 14).
A birth certificate to prove parentage
The lessor maintains that the “son” does not prove his relationship with the deceased tenant since he produces a birth certificate mentioning only his mother's name, without indicating the father's name.
The Court of Appeal agreed, specifying that the neighborhood testimony provided by the “son” was not sufficient to prove the relationship between the deceased tenant and the current occupant of the apartment.
Evidence of living cohabitation
Regarding the duration of cohabitation with the deceased, which must be at least one year before death, the provision of electricity and insurance contracts taken out after death prove nothing.
In addition, the “son’s” tax notices and his pay slips, all post-death, mention a different address than that appearing on the rental contract.
For the Court of Appeal, the son does not prove his parentage, nor cohabitation prior to death and therefore the lease cannot be transferred to him.
It noted the termination of the lease and in the absence of spontaneous release, the expulsion of the occupant.
At the time of publication, we do not know whether one of the parties intends to appeal to the Court of Cassation.
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