Old Rent, Sublease, and the Heir's Eviction
Since 1978, a Gemmayzeh apartment has been leased at LBP 45,000 per month under the old rent regime. The original tenant died in 2019. His widow, Salma, and their son, Fadi, continued to live there; Fadi's student friend has paid USD 300 monthly for one room since 2022. In September 2023 the landlord served notice seeking eviction for non-payment, unauthorised subletting, and because the 2017 rent law is phasing out old leases. Salma says she tendered rent by bank transfer in 2022 and 2023 but the landlord refused the receipts; she stopped paying after the notice. The landlord also alleges the building needs structural repairs and that the family has another apartment. The lease names only the deceased tenant and prohibits subletting without written consent. The landlord has not returned the keys or refused repairs in writing.
1. Can Salma and Fadi continue the old lease after the original tenant's death? What facts decide the issue?
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Issue. Transmission of an old rent lease on the tenant's death.
Rule. Old rent leases are personal but transmissible in limited cases. Lebanese law protects a spouse and descendants who lived with the tenant for the statutory period before death and who satisfy the statutory conditions. The court examines continuous residence and the family relationship, not merely a registered address. The 2017 reform adjusts old rents gradually; it does not automatically terminate the lease on the tenant's death.
Application. Salma is the widow and Fadi is the son. Both say they lived in the apartment. The landlord's assertion that the family has another apartment may be relevant to the statutory conditions, but it does not by itself destroy a vested right. The lease naming only the deceased tenant is not decisive; the law supplies transmission rights. Fadi's sublease of a room to a student is a separate breach but does not erase his residence.
Conclusion. Salma and Fadi have a strong claim to continue if they prove continuous residence and status. They should gather municipal records, utility bills, and witness evidence. The landlord must follow the statutory procedure; self-help eviction is unlawful. The sublease must be regularised or ended, because it may affect the lease independently.
2. How should the court assess the eviction grounds of non-payment, unauthorised subletting, structural repairs, and the 2017 phase-out?
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Issue. Whether any ground justifies terminating the old lease.
Rule. Non-payment can justify termination, but not where the tenant tendered rent and the landlord refused without cause; the court may grant a grace period. Unauthorised subletting is a breach where the lease prohibits it and causes prejudice; the court may order cure rather than eviction. Structural repairs do not justify eviction unless the dwelling is uninhabitable and cannot be repaired. The 2017 law increases old rents gradually; it does not create an immediate eviction ground.
Application. Salma's bank-transfer tenders and the landlord's refusal weaken the non-payment claim. She stopped paying after notice, which is risky; she should resume payment into court or a notary. Fadi's USD 300 sublease violates the written-consent clause and is material, but one room may be curable. The repair allegation is not an eviction ground; the landlord must prove uninhabitability and comply with repair obligations. The phase-out affects the rent amount, not the right to remain.
Conclusion. Eviction likely fails on non-payment if the tenders are proven. The sublease may support termination if the landlord proves prejudice, but the court may prefer cure. The rent should be adjusted under the 2017 schedule, and repair costs allocated by law. The landlord's refusal to accept rent should not be rewarded.