Past couple renting their home: what are the rules?

Verified 06 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The rules are different depending on whether only one or the 2 partners of Civil partnerships: titleContent have signed (simultaneously or not) the lease of the dwelling they live in together.

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

The 2 partners sign the lease (simultaneously or not)

The 2 partners of Civil partnerships: titleContent are all 2 holders (or joint holders) of the lease of the dwelling:

  • Or when they've both signed the lease
  • Either when only one partner has signed the lease, but then together they ask the landlord (or the real estate agency) to be co-owners of the lease, on the grounds that they are Pacés.
    This request must be made in writing and sent by registered mail with acknowledgement of receipt.

For the duration of Civil partnerships: titleContent, the landlord (or real estate agency) can claim the rent and charges from any of the partners. Indeed, the 2 partners are in solidarity obliged to pay rent and expenses for the entire period of the Civil partnership.

If only one of the partners gives notice (leave) the landlord (or the real estate agency) remains jointly and severally obliged to pay the rent and charges of the accommodation. This obligation ends either when the other partner permanently leaves the dwelling or when the Civil partnership breaks down.

To terminate the lease, partners must address set their leave to the owner (or to the real estate agency).

If 1 only of the partners gives leave, the other partner remains in title the current lease and can stay in the accommodation. Careful, the partner who gives the leave stays in solidarity obliged to pay rent and housing charges until the Civil partnership is completed or until the other partner permanently leaves the dwelling.

If only one of the 2 partners gives notice (leave) to the owner (or real estate agent), the lease continues with the other partner who remains in the dwelling.

The partner who has given notice remains jointly and severally obliged to pay the rent and the costs of the dwelling. This obligation shall end:

  • Or when the partner remaining in the dwelling permanently leaves the dwelling
  • Either at the breaking of the Civil partnerships

One of the 2 former partners can ask the judge to grant him the right to the lease of the housing.

The competent judge shall be the protection litigation judge the court on which housing depends.

But when children live in the dwelling, the competent judge is the family judge:

Application to the family judge (parental authority, right of access, maintenance...)

Abandonment occurs when the following conditions are met:

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

The partner of Civil partnerships: titleContent who remains in the dwelling remains the holder of the lease.

The surviving partner has an exclusive right to the lease, that is, the heirs of the deceased have no rights to the lease, in the following situations:

  • Or when the two partners had signed the lease
  • Or when only one had signed the lease, but the two partners had jointly asked the owner (or real estate agent) to be joint owners.

But the surviving partner can forfeit the lease by giving notice (leave) to the owner.

For the duration of Civil partnerships: titleContent, when the owner (or real estate agent) sends a letter (for example to give his notice), he must send it to each of the 2 partners.

If it does not do so, the letter addressed to only one of the partners has no value towards the other partner. Indeed, the mail sent to only 1 of the partners is not enforceable to the other partner.

But if the owner sends the mail to only one partner because he does not know the Civil partnerships, then the mail automatically becomes enforceable against the partner who is not the recipient.

Only 1 partner signs the lease

Only one partner of Civil partnerships: titleContent is the holder of the lease of the dwelling where only he has signed the lease and that the couple did not ask the landlord to co-own the lease.

For the duration of Civil partnerships: titleContent, the landlord (or real estate agency) can claim the rent and charges from any of the partners. Indeed, the 2 partners are in solidarity obliged to pay rent and expenses for the entire period of the Civil partnership.

If the non-leasing partner is the only one leaving the dwelling, he remains in solidarity forced to pay rent and housing expenses. This obligation shall end:

  • Or when the Civil partnership ends
  • Or when the other partner permanently leaves the accommodation

The partner who signed the lease must to grant leave the owner (or real estate agency) within a period of notice.

The other partner must leave the dwelling no later than the departure of the partner who signed the lease, unless the owner (or real estate agency) agrees to sign a lease with him.

The consequences are different depending on the partner who leaves the home:

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The holder of the lease gives notice to leave the accommodation

The partner who is not the holder of the lease must leave the dwelling at the latest at the end of the notice period (leave) given by the holder of the lease.

The lease holder remains in the dwelling

When the other partner leaves the house, he still remains in solidarity forced to pay rent and housing expenses. This obligation shall end:

  • Either at the break of the Civil partnerships: titleContent
  • Or when the partner who signed the lease permanently leaves the dwelling

One of the 2 former partners can ask the judge to grant him the right to the lease of the housing.

The competent judge shall be the protection litigation judge the court on which housing depends.

Where children reside in the dwelling, the competent judge is the family judge:

Application to the family judge (parental authority, right of access, maintenance...)

Housing is abandoned in one of the following 2 cases:

  • The departure is made inevitable and definitive due to health problems.
    For example, the lease holder goes to a retirement home.
  • The departure is abrupt and unpredictable and it has been scheduled without the other partner's knowledge.
    For example, the lease holder leaves with personal belongings while the other partner is at work.

When the lease partner abandons the rental unit, the other partner can obtain the transfer of the lease under certain conditions, which depend on the rental unit:

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Social housing

If the lease holder abandons the dwelling, the other partner benefits from transfer of lease, regardless of his income.

But other relatives (descendants, ascendants...) may apply for the lease to be granted.

In the event of a conflict, it is up to the judge to decide.

The competent judge shall be the protection litigation judge the court on which the dwelling depends.

Private sector housing

General case

If the lease holder abandons the dwelling, the lease continues with the other partner.

But some relatives (descendants, ascendants...) may apply for the lease to be granted.

In the event of a conflict, it is up to the judge to decide.

The competent judge shall be the protection litigation judge the court on which the dwelling depends.

Housing subject to the 1948 Act

If the tenant abandons the accommodation, the partner remaining in the premises benefits from the transfer of the right to be kept on the premises.

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Social housing

On the death of the partner who has signed the lease, the other partner benefits from the transfer of lease, regardless of his income.

Private sector housing

General case

Upon the death of the lease holder, the other partner benefits from the transfer of the lease.

But other relatives (descendants, ascendants...) may apply for the lease to be granted.

In the event of a conflict, it is up to the judge to decide.

The competent judge shall be the protection litigation judge the court on which the dwelling depends.

Housing subject to the 1948 Act

On the death of the partner who has signed the lease, the other partner benefits from the transfer of the right to be kept on the premises.

For the duration of Civil partnerships: titleContent, when the owner (or real estate agent) sends a letter (for example to give his notice), he must send it to each of the 2 partners.

If it does not do so, the letter addressed to only one of the partners has no value towards the other partner. Indeed, the mail sent to only 1 of the partners is not enforceable to the other partner.

But if the owner sends the mail to only one partner because he does not know the Civil partnerships, then the mail automatically becomes enforceable against the partner who is not the recipient.

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