If the landlord has just passed away during the 20 years of the empheuteutic lease contract agreement, can the new

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Customer: If the landlord has just passed away during the 20 years of the empheuteutic lease contract agreement , can the new owner/ the passed away landlord’s heir end the lease early? Like 9 years short? this is a property in Quebec , Canada
JA: What steps has the landlord's heir taken so far? Has he prepared or filed any paperwork?
Customer: he is currently requesting for the death certificate to do the Last Will Testament
JA: Has he talked to a Canadian lawyer about this?
Customer: I have asked someone to help look for the land registry, but not thing yet for the Will and to break the lease . is it something doable ? And would you be able to help us with this matter in Canada?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Do you have jurisdiction in Quebec, Canada? The land / property is being leased to an organization where the landlord was also the president . we need to find out who has the rights to vote foe the new president and look into the Will to find out if the landlord‘a heir has a say in voting for the new president and if possible, how to break the empheuteutic lease early? Thank you.
Answered by Debra in 9 mins 1 year ago
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Debra
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Debra
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Hello Debra, thank you for answering my questions.
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Debra, Expert

A lease runs with the land and that means that it cannot be terminated early unless both parties agree. When one of the parties dies the lease is then owned by the estate so the estate or the new owner has to agree and the tenant has to agree as well.

Does that help?

Customer
thank you. So I understand it as with the new owner , both the tenant and the new owner has to agree to end the lease then it is okay. But if the tenant doesn't want to end the lease then the new owner can't do anything until then?
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Debra, Expert

That is exactly correct.

Customer
during the last 9 years of this lease term, and with the passing away of the actual former owner, can we do the transfer of the ownership to the landlord's heir and still keep the original leasing agreement with the current tenant ?
Customer
Awesome, thank you for clarifying the information.
Once we obtain the Death certificate and the Last Will Testament, may we contact you to represent us on this matter ?
Customer
Or the transferring of the deed has to wait until the end of the contract before it falls back into the name of the landlord or the landlord's heir?
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Debra, Expert

I actually can't add for you. I am retired. But there are plenty of estate lawyers to add for you. The deed should be transferred now. You should not wait. You need to get the estate all organized and then wound up.

Customer
I see, thank you for your great advice. ������
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Debra, Expert

You are very welcome.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
I'll be sure to ask for you should we have any other question. �� take care Debra!
Customer
Sorry, what did you mean by ...."then wound up ? "
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Debra, Expert

Well I meant that the estate cannot site there for all these years. You have to do all that needs to be done so the beneficiaries inherit what they're inheriting.

Customer
Got it!!! �� thank you once again.
Have a happy holiday weekend!
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Debra, Expert

Wait! Do you think I'm in the US? I am in Canada of course!

But have a good weekend too!

Customer
55358;� I saw the area code 510, I thought you are in Hayward or somewhere up north but not all the north in Canada. ��
You are lucky that you get to live in Canada. A lot more peaceful than what it is here in California.I like Canada's living style, the city, the architecture and the Canadian people.
I guess your thanksgiving weekend was back in October ;))I remembered one time back in 2015, I watched the fireworks show on a boat at a river near the Parliament building in Ontario with a Canadian friend and another firework show on the St Lauren river (I think) looking over to a castle in the middle of that river, where they would do fireworks for the 4th of July from the US side . They are only a few days from each other . It was so fun!Have a great evening!
Thuy
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Debra, Expert

Yes our Thanksgiving is in October.

We Canadians definitely appreciate living in Canada right now.

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