The status of the lessor is that of an heir and consequently, even in the event of the lessor's death, his heirs (by will or intestate) enter into the lease relationship as soon as they accept the inheritance without the need for the previous transcription of the declaration of acceptance.
In the case under consideration the heirs of the deceased lessor are the plaintiffs. The deceased lessor had leased an apartment to the defendant to use as her residence. Although the defendant was informed of the death of the original lessor, that the plaintiffs were heirs and that they had entered into the tenancy relationship, she refused and repeatedly failed to pay the full 12 months' rent. The plaintiffs in their lawsuit request that, due to the defendant's repeated displeasure, she be obliged by a court decision a) to pay the total amount of the rent due, divided according to their inheritance share, with the legal interest and b) to return the use of the disputed property lease.
The defendant after the death of the deceased stopped paying the rents claiming that she had doubts about the identity of the sub-heirs-lessors in the disputed lease and that therefore she had no qualms about paying the rents. The defendant stated that she knew the first plaintiff - the wife of the deceased lessor and indeed very well. The first plaintiff alleged that another tenant who had entered into a lease agreement with her deceased husband and was renting an apartment on the fifth floor of the same apartment building, had properly paid the rents when she obtained the out-of-court settlement because she had asked the deceased's lawyer about the manner of depositing the rents.
In addition, even if the defendant received the out-of-court nuisance-protest calling on her within 15 days from the service of the document to settle her outstanding debts and pay the due rents, she did not show the diligence of the average prudent trader and while she had the opportunity to be informed of the manner of payment of the rents as done by the aforementioned tenant of an apartment on the fifth floor. In any case, she had the possibility, after the extrajudicial declaration was served and her return from abroad, to pay the due rents and furthermore, since she knew, as she testified, the deceased lessor's wife could be informed of the way to pay the rents.
Consequently, the defendant, taking into account the above mentioned, has become difficult to pay the rents and this delay is due to its own fault. However, apart from these, since she had uncertainty as to the person of the lessors which would make the fulfillment of her obligation objectively unsafe, she had the right to make a public deposition in accordance with article 427AK. Based on these data, the court accepted the action both for the payment of the rents and for the return of the rent to the hereditary landlords.
photo kimono /https://pixabay.com
