Judicial principles and studies
Heirs as Original Tenants, Judicial Notice and Right of Use
The usufruct/right of use vests in the heirs at the tenant's death, making them original tenants personally liable for rent; the landlord must serve the judicial notice on them as tenants. The notice must clearly state the breach, amount and period.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The points address the transfer of the right of use to a tenant's heirs, the requirements for serving a judicial notice, distinctions between suing an heir personally or in relation to the estate, and the procedural effect of applicable rules on adjudication.
Summary
The right of use passes to the heirs upon the tenant's death, making them original tenants in their own person and personally responsible for contractual obligations, including rent. If they default, the landlord must serve the judicial notice on those heirs as tenants rather than only on the estate, since suing an heir personally produces different consequences: estate obligations are satisfied from the estate, while personal claims bind the heir's own assets. An eviction order should not be issued unless the breach identified in the notice is established; therefore the notice must clearly state the facts, the nature of the breach, the amount demanded and the relevant period. The mandatory rule in Article 182/4 of the Code of Civil Procedure requires the appellate court to conduct a hearing in accordance with Article 201. This is a general educational summary, not judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.