Married couple renting their accommodation: what are the rules?

Verified 22 December 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The two spouses are all 2 tenants of the dwelling that they live together, regardless of their matrimonial regime, and even if only one of the spouses signed the lease before the marriage.

The rules presented here relate to the lease of a dwelling in an empty rented dwelling.

The spouses must in solidarity pay rent and expenses.

This means that the landlord can claim the payment from any of the spouses.

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The couple wants to leave the house

When the two spouses want to leave the accommodation at the same time, they must address their letter of notice (leave) to the owner (or real estate agency).

1 of the spouses wants to leave the accommodation

General case

The spouse who wants to leave the dwelling must give notice (leave) to the owner (or real estate agency).

The lease continues with the other spouse.

But the spouse who gave the notice remains in solidarity obliged to pay the rent and the charges due until the end of the notice given by the other spouse, or due until the divorce is noted on the civil status document.

In case of violence

When one of the spouses is violent, the other spouse may give his or her leave to the owner (or to the real estate agency) with a period of notice of 1 month.

Abuse must be committed against the spouse or child who usually lives with the spouse.

The spouse who leaves the accommodation must send his or her leave by registered letter with acknowledgement of receipt. The reason for departure (violence) must be indicated and one of the following documents must be attached:

  • A copy of the protection order issued by the family court judge
  • A copy of the criminal conviction for acts of violence. This sentence must be less than 6 months old.

FYI  

If the abusive spouse does not pay the rent from the day after the registered letter is presented to the landlord (or real estate agency):

  • The owner (or real estate agency) has a legitimate and serious reason for to take over or sell the dwelling
  • The spouse who leaves the dwelling (and surety) is not liable for such unpaid amounts

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Divorce by mutual consent

The two spouses want to leave the accommodation

Both spouses must address their notice (leave) to the owner (or real estate agency).

To leave the accommodation at the same time, they must:

  • Either address a single one together letter of notice (leave) to the owner (or to the real estate agency)
  • At the same time, send each person's letter of leave to the owner (or to the real estate agency)
1 of the spouses wants to leave the accommodation

The spouse who wants to leave the dwelling must give notice (leave) to the owner (or real estate agency). He's staying in solidarity obligated to pay the rent and charges due until the divorce is noted on the civil status document.

Other divorce

During divorce proceedings
  • When the two spouses want to terminate the lease, they must all 2 address their notice (leave) to the owner (or real estate agency).
  • When only one of the spouses wishes to leave the dwelling, he must give notice (leave) to the owner (or real estate agency). He's staying in solidarity obligated to pay the rent and charges due until the divorce judgment is noted on the civil status document.
  • When the two spouses claim to live in the dwelling without the other, it is up to the judge to decide who owns the lease. His decision is valid until the divorce is pronounced. The competent judge is the litigation protection judge of the court on which the dwelling depends. But if there are children living in housing, it's the family judge.
After the divorce

When the two spouses claim to live in the dwelling without the other, it is up to the judge to decide on the award of the lease. The competent judge is the litigation protection judge of the court on which the dwelling depends. But if there are children living in housing, it's the family judge.

The spouse to whom the lease is not awarded by the judge does not need to give notice (leave) to the owner (or to the real estate agency). But he's staying in solidarity obligated to pay the rent and charges due until the divorce judgment is noted on the civil status document.

The husband who stayed in the dwelling has a exclusive right on the lease, unless he renounces it.

This means that no other person close to the deceased can obtain the lease unless the remaining spouse renounces it.

Abandonment occurs when the following conditions are met:

  • Where the departure of one of the spouses is made inevitable and definitive by reason of his state of health, and this departure is binding on him and the other spouse. For example, this is the case when one of the spouses settles in a retirement home.
  • Either when the departure of one spouse is abrupt and unpredictable and has been scheduled without the knowledge of the other spouse. For example, it is the case when one spouse leaves, while the other is at work, taking personal belongings, furniture...

The husband who stayed in the dwelling has a exclusive right on the lease, unless he renounces it.

This means that no other person close to the deceased can obtain the lease unless the remaining spouse renounces it.

Exchanges of mail between the owner (or the real estate agency) and only one of the spouses are not enforceable to the other husband. In practice, the owner (or the real estate agency) must send the mail to each of the spouses in order for it to be valid.

The only exception, where the owner (or the real estate agency) is not aware of the marriage at the time when he sends the mail to one of the spouses. In this case, the mail automatically becomes enforceable against the spouse who was not the recipient.

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