Navigating Inherited Property and Rental Laws in Châtelet: What You Need to Know

2023-11-26 05:00:00

Michel rents an apartment in Châtelet, in the province of Hainaut. It is currently uninhabited, but not empty. Michel’s tenant has died and his heirs refuse the inheritance. He no longer knows what to do and is worried to see his apartment in a deplorable state even though it was “totally renovated”.

You see, everything was left as is. Here, a completely moldy box of ravioli“, he shows the camera.

In theory, the heirs of the deceased are required to continue the lease. But in Michel’s case, things are more complicated. In the case of the death of a tenant, the law (in Wallonia) provides that the lease is terminated three months following the death in the absence of an heir. In the meantime, the owner cannot touch anything. Michel must call a bailiff.

I don’t know at all if he’s going to do it and when he’s going to do it. And in an inheritance that is refused, who pays?“, asks the owner. “It won’t be the notary, so who will pay the bailiff?

Unfortunately for Michel, it is up to the owner to advance the money in the hope of recovering it thanks to the rental guarantee and the sale of the property. The advice in this type of case is to act quickly.

As soon as we have proof that the premises will not be recovered by anyone, we must recover the premises, make the report with the bailiff, keep the valuable objects and go before the justice of the peace to recover the rental guarantee“, recommends Olivier Hamal, the president of the Union of owners and co-owners.

This procedure is becoming more and more widespread, as the number of inheritance refusals is increasing. Currently, there are 3,500 every month. For notary Renaud Grégoire, it is due to a “isolation” greatest of people. “We are seeing greater isolation, families are often more broken up than in the past. The economic situation doesn’t help either. There are many situations where the child prefers to renounce the inheritance either because there are debts or because they have no view of the assets of their deceased parent.“.

The current measure thus makes it possible to maintain a balance between the rights of the family of the deceased and the owner.

rental inheritance estate chatelet

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