After the last court ruling … one condition is to bequeath the old rental apartment after the death of the grandfather

01/03/2021 Egypt



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In a significant development for millions of landlords and tenants, the Court of Cassation issued a court ruling, extending a contract Old rental For the grandchild, if the original tenant (the grandparent) passed away before November 15, 2002, even if the grandson’s father passed away, the original tenant’s child after this date, and therefore the lease can only spread over a generation.
The court stated, in the terms of the appeal restricted by the Resource No. 145 of Judicial Year 76, that with the issuance of the judgment of the Supreme Constitutional Court No. 70 of 18 BC, the extension of a contract has been inadmissible. Old rental Except for a single generation, however, this provision does not come into effect until the day after its publication date, that is, after the aforementioned on November 15, 2002, and it does not apply retroactively.

According to article (29) of Law 49 of 1977 “Leasing Law”, a housing lease agreement will not end with the death of the tenant or his abandonment of the property if his wife or children or any of his parents who resided with him remain with him until his death or departure, except those of the relative or relative tenant Affiliate up to third degree.

The continuation of the lease stipulates that they have resided in the dwelling for at least one year prior to the death of the tenant or their abandonment of the property or the period of occupation of the residence, whichever is less.

If the property is leased to carry out a commercial, industrial, professional or craft activity, the contract does not end with the death of the tenant or his abandonment of the property and continues for the benefit of his heirs and partners in the use of the property according to the circumstances.

In all cases, the landlord is obliged to issue a lease for those who have the right to continue occupying the property, and these occupants are bound by the method of solidarity with all the provisions of the contract.



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