By Anastasia Miliou, Attorney at the Supreme Courts
When a landlord passes away, their rights and obligations do not disappear. Instead, they are transferred to their heirs. Once the heirs accept the inheritance, they automatically step into the role of landlord – there is no need for additional paperwork or registration for this to take effect.
The case in question
In this case, the heirs of a deceased landlord took legal action against a tenant who had rented an apartment from the late owner. The apartment was used as the tenant’s main residence.
Although the tenant was informed of the landlord’s death and told who the new landlords were, she stopped paying rent. Over a period of 12 months, she failed to pay any rent at all.
The heirs went to court asking for two things:
- payment of all outstanding rent, divided according to each heir’s share of the inheritance, plus interest; and
- the return of the apartment to them.
The tenant’s argument
The tenant argued that she did not refuse to pay the rent deliberately. Instead, she claimed she was unsure who she should be paying after the landlord’s death and said this uncertainty justified her non-payment.
However, the court found this argument unconvincing.
The tenant admitted she personally knew the deceased landlord’s wife, who was one of the heirs. In addition, another tenant in the same building had no difficulty continuing to pay rent after the landlord’s death – they simply contacted the deceased landlord’s lawyer to confirm how payment should be made.
Why the court ruled against the tenant
The tenant had received a formal written notice giving her 15 days to settle her unpaid rent. Despite this, she made no effort to clarify payment details or to pay what she owed.
The court ruled that a reasonable person would have taken steps to resolve the situation, especially since the tenant had clear ways to obtain information. Because she failed to do so, the court found that the non-payment was her own fault.
The court also noted that if the tenant truly felt unsure about who to pay, the law allowed her to deposit the rent with a public authority until the matter was clarified. She did not use this option.
The outcome
The court ruled in favour of the heirs. The tenant was ordered to:
- pay all outstanding rent with interest; and
- hand back possession of the apartment to the heirs.
Key takeaway
If a landlord dies, tenants cannot simply stop paying rent. The heirs become the new landlords, and tenants must continue meeting their obligations. If there is genuine uncertainty, tenants are expected to take reasonable steps to resolve it – not ignore their responsibilities.
*Anastasia C. Miliou is an Attorney at Law at the Supreme Courts with experience in international law and a large clientele in both Greece and abroad. Her telephone number is 6945028153. If you would like questions answered as part of her articles in English online, you can e-mail her at natmil@otenet.gr or visit www.legalaction.gr
