Explanation of Article 441
The article addresses the effect of the death of one of the contracting parties on the lease contract; the first paragraph states that the lease contract does not terminate upon the death of one of the contracting parties, which necessitates the transfer of rights and obligations arising from the contract to the heirs, as the lease contract is not originally based on personal consideration.
If the deceased is the lessor, the lessee remains obligated to pay the rent to the heirs, and the rent is divided among them according to each one's share in the inheritance. Conversely, the heirs, upon the death of their predecessor, become obligated to fulfill all the lessor's obligations within the limits of the estate. These obligations are divided among them according to each one's share in the inheritance, such as compensation arising from guarantees. However, obligations that are indivisible, such as the obligation to deliver and the obligation to guarantee eviction, remain undivided among them and are subject to the general rules of indivisible obligations.
If the deceased is the lessee, the heirs are obligated to the lessor to pay the rent within the limits of the estate, and the rent is divided among them according to each one's share in the inheritance. The same applies to other divisible obligations. Conversely, the heirs are entitled to receive the lessee's rights from the lessor, each according to their share in the inheritance, except for what is indivisible.
The aforementioned is the general rule regarding the termination of the lease contract upon the death of one of its parties; however, the article exempts several cases where the heirs may request termination upon the death of the lessee or lessor, which are:
The first case: If the lessee's heirs prove that the burdens of the contract have become, due to the death of their predecessor, heavier than their resources from the estate can bear, or that the contract exceeds their needs, such as if the predecessor had rented a house at a high rent due to their social status and then died, leaving the heirs without need for the house and unable to pay its rent after the loss of their predecessor's income, especially if the rent consumes a significant portion of what they inherited. In this case, the heirs may request the court to terminate the contract, provided that this is done within a reasonable period from the death of their predecessor.
It is not required for both conditions to be met, either the burdens being heavier than their resources can bear or exceeding their needs; it suffices for one of them to be realized.
The second case: If the lessee's heirs prove that the contract was concluded based on considerations related to their predecessor's person, such as if a lawyer rented an office or a doctor rented a clinic and then died, in these cases, the heirs may apply to the court to terminate the contract, provided that they apply within a reasonable period from the death of their predecessor.
The determination of the reasonable period in both cases is subject to custom and circumstances.
The third case: If the lessor rented the leased property only for a special consideration related to the lessee, such as renting agricultural land to a skilled agricultural engineer who was to improve it and then the lessee died, the lessor may request the court to terminate the contract.
Related To
Article 441
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A lease shall not terminate by the death of either contracting party.
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The heirs of a lessee may demand termination of the contract within a reasonable period if they establish that the death of the testator has made meeting the obligations of the lease contract difficult and beyond the estate’s resources, or that the lease contract exceeds their needs, or that the contract was concluded based on considerations relating to the person of the testator.
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The lessor may demand termination of the lease contract if the lessee dies and the contract was concluded based on considerations relating to the person of the lessee.