Cooperative tenant's right to a flat – inheritance

The cooperative tenant's right to a flat (spółdzielcze lokatorskie prawo do lokalu) arises when an agreement is concluded with a housing cooperative. This way of using a property is often misunderstood. Find out whether this right can be inherited and who can use it.

What is the cooperative tenant's right to a flat?

Under the agreement, the cooperative undertakes to hand over a flat for use. The user is obliged to pay a housing contribution and a fee specified in the Act and in the cooperative's statute. Very importantly, the cooperative tenant's right to a flat is non-transferable. It is therefore not possible to sell or give away the property in question as one sees fit.

The question of inheritance

The right applies to the specific person who signed the agreement, or to spouses. It cannot be inherited. The rules for acquiring it and taking it over after death are regulated by the Housing Cooperatives Act (ustawa o spółdzielniach mieszkaniowych, USM).

Under the USM Act, upon the death of one of the spouses, the cooperative tenant's right to a flat passes to the other spouse, if the right was held by both. The second paragraph of Article 15 states that claims for admission to the cooperative are available not only to the spouse but also to children and other close relatives – descendants, ascendants, siblings, siblings' children, and adopted or adopting persons. However, they must submit a membership declaration and a written statement of readiness to conclude the agreement within a year. If several persons come forward, the matter is decided by the court in non-contentious proceedings.

None of the legal provisions described above concerns the inheritance of the housing contribution for the given property.

READ ALSO – WHAT TO REMEMBER WHEN BUYING A HOUSE OR FLAT FROM AN HEIR

Remember that the cooperative tenant's right to a flat is non-transferable, does not pass to heirs and is not subject to enforcement.

Do you have other doubts about legal regulations connected with the property market? We encourage you to contact the staff of our agency, REMAX Gold. We will try to dispel all your doubts. We will also help you prepare the required documents.