In accordance with art. 691 § 1 and 2 of the Civil Code, in the event of the death of a tenant of a dwelling, the tenancy of the premises shall commence if they have lived permanently with the tenant until his death: a spouse who is not a co-tenant of the premises,
- the children of the tenant and his spouse,
- other persons towards whom the tenant was obliged to provide maintenance,
- a person who was actually living together with the tenant.
The Supreme Court in its judgment of 4 December 2019 (I CSK 506/18) stated that the above-mentioned stepping into the lease is completely independent of inheritance rights. The law arising from the aforementioned provision is intended to protect close relatives to the current tenant of the premises, who lived with him until the time of death, including the tenant’s children. The exercise of this right occurs when the entitled persons are not at the same time heirs or fall into this category, but for various reasons they do not exercise inheritance rights.