Some of you have already made provisions, through a will or otherwise, for the legal consequences of your death, or have helped a loved one to do so. But have you thought about the necessary steps to take with regard to the lease on your home following your death or that of a relative?
If not, you should know that a lease does not end upon the death of a resident. In fact, certain formalities are required by law. In this newsletter, we will focus specifically on tenants who live alone in their residence at the time of death.
If you have appointed an executor for your estate, or if your heir(s) are clearly identified, these individuals will be responsible for sending a notice to the residence operator no later than six months after your death. The lease for the dwelling you occupied will then be terminated two months after this notice is sent to the operator, and the estate will be responsible for paying the rent in the meantime. Please note that with regard to personal services (those mentioned in Part 2 of Appendix 6 of your lease), your estate is only required to pay for those you received before your death, on a pro rata basis for the days concerned. In addition, the lease may be terminated before this period by agreement with the residence operator, or if the operator re-rents the accommodation during this period.
If you would like to know how your death will affect your lease and you live with a spouse or other person with whom you are related, please contact CAAP Montérégie with any questions you may have on this subject.
1 800 263-0670 • gestioncaap@caapmonteregie.ca