Housing and property · Social housing · transfer after death
Transfer a French social-housing lease after death
A French social-housing tenancy does not pass to heirs like an estate asset. The applicant must fall within article 14 of the 1989 Act and satisfy the additional article 40 rules applicable to the dwelling. Resource and household-size conditions have specific exemptions. Establish the relationship, actual period of cohabitation and tenancy regime before concluding that a transfer is available.
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General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Does an adult child automatically inherit the lease?
No. Being a descendant does not remove the cohabitation and social-housing conditions unless a relevant exemption applies.
Read the referencesI can help prepare a social-housing transfer after death, separating relationship, cohabitation and exemptions.
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Who can request transfer of the social tenancy?
Article 14 identifies surviving spouses outside statutory joint tenancy, civil partners, descendants and certain cohabiting relatives. Being an heir or adult child is insufficient. A spouse may already have a tenancy right, which should be examined before requesting transfer.
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
How can you prepare the request to the social landlord?
Classify the situation and evidence without automatically deciding who gets the tenancy.
Fictional example · Your preparation worksheet
Check transfer under articles 14 and 40: applicant category, actual cohabitation, exemptions, resources and suitability of the home.
- Regime to confirm
- Tenancy agreement and landlord reference
- Attach death certificate, agreement, relationship and evidence of actual cohabitation.
- Have the landlord confirm the housing regime and any exemption.
- For a non-exempt descendant, gather resources, household composition and dwelling details.
- Request a reasoned written response; identify disputed conditions or beneficiaries.
Being an heir is insufficient. “At least one year” and “more than one year” are different tests.
Which evidence matches each condition?
| Criterion | Useful evidence |
|---|---|
| Relationship | Civil-status, partnership or cohabitation evidence |
| Actual cohabitation | Dated records at the dwelling |
| Resources and size | Tax records, household and lease where required |
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
What additional conditions apply to social housing?
Article 40 generally adds allocation conditions and suitability for household size. The agreement and subsidy regime determine the applicable provisions. Ask the landlord which resources and household evidence it needs rather than applying private-tenancy rules alone.
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
What does the governing text say about transfer after death?
le bénéficiaire du transfert ou de la continuation du contrat remplisse les conditions d'attribution
In plain English: Read articles 14 and 40 together, distinguishing beneficiaries, cohabitation periods and social-housing exemptions.
Who has resource and household-size exemptions?
Spouses, civil partners and established unmarried partners are exempt from these two conditions. An unmarried partner must still establish at least one year of cohabitation under article 14. Ascendants, qualifying disabled persons and persons over 65 also have the exemption if they actually lived with the tenant for more than one year.
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
What if the home is too large for a descendant?
Under article 40 I, a descendant meeting resource conditions but not the size requirement may receive priority for a smaller dwelling. This does not guarantee remaining in the original home or immediate rehousing. Retain the application and landlord’s response.
How should competing requests or a refusal be handled?
For multiple requests, the court decides according to the competing interests. If no beneficiary meets the conditions, article 14 provides for automatic termination. Review a refusal against its actual reasons: applicant category, cohabitation, resources, dwelling size or tenancy regime.
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
What else should you know about transfer after death?
Does an adult child automatically inherit the lease?
No. Being a descendant does not remove the cohabitation and social-housing conditions unless a relevant exemption applies.
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
Must a civil partner prove one year of cohabitation?
Article 14 imposes no such duration solely for civil partners. The partnership and any joint-tenancy rights still need checking.
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
Is being exactly 65 sufficient for the age exemption?
The provision says over 65 and requires actual cohabitation for more than one year for this exemption.
Can heirs divide the lease between them?
Transfer depends on statutory beneficiaries and housing conditions; it is not division of an estate.
Loi du 6 juillet 1989, article 14Loi n° 89-462 du 6 juillet 1989, article 40
Which sources explain transfer after death?
- Loi n° 89-462 du 6 juillet 1989, article 40Légifrance / DILA
- Loi du 6 juillet 1989, article 14Légifrance / DILA
Texts cited last checked: 19 October 2026