Apartment lease and separation: how to do?

A separation within the couple is often a sign of moving when the couple lived in the same dwelling. Are you a tenant and you are wondering how to do your common lease after your breakdown? We explain everything step by step.

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  • How is it going for my rental lease?
    • Lease for two: cohabiting within a dwelling
    • Rent lease: the couple is married or paced
  • Leave a dwelling as part of a solidarity clause
  • Detail on married or paced couples

How’s it going for my rental lease?

A common lease lease, unless joint notice or decision and otherwise, will have to be terminated, logically, in order to accede the separation. Just as your marital status changes — however, if your couple were official in the eyes of Administration — the rental lease of your common dwelling must be changed according to your wishes.

Lease for two: cohabiting within a dwelling

If you are a tenant and a couple but simply cohabits neither married nor paced, the rental lease of the housing signed by the two persons without a solidarity clause may continue. It is the tenant who remains in the dwelling, apartment or house, who will be liable for the amount of the sums owed: rent, charges, taxes, invoices.

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This can be done provided that the tenant partner who decides to leave inform the landlord of his decision to take leave from the dwelling. This decision is commonly done by registered letter with acknowledgement of receipt . If this letter is not sent in due form, then the tenant partner remains obliged to pay the sums owed.

Rental lease: the couple is married or paced

In the event that the couple was married or pacsed, a lease agreement with both names was drawn up and signed for the rental of the dwelling. It will then be necessary to establish and sign an amendment to the lease agreement with the lessor. Possibly, a new term of lease may be decided by mutual agreement, from the date of the amendment to the contract, signed between the sole tenant and its landlord.

Leave a home as part of a solidarity clause

You signed a solidarity clause during your lease agreement and you decide to leave the house? Please note that you cannot claim a refund by the landlord of half of the security deposit paid upon arrival in the accommodation.

The security deposit is considered indivisible and will not returned only in full, when the dwelling is released and the lease agreement will come to an end, with an inventory of the premises.

Complex situation : you have given leave to your landlord, your partner stays in the dwelling but refuses to pay rent, charges, etc. The landlord, given the solidarity clause of the lease, is able to ask you forrent arrears .

Indeed, the solidarity clause stipulates that each tenant can be held liable for the paymentof the full rent until the contract expires. A legal action may be brought against the tenant and former partner in order to recover the sums advanced.

The easiest solution in the event of a solidarity clause between each tenant is to sign an amendment to the lease agreement with the landlord, if you leave the dwelling yourself.

Details on married or pacsed couples

Each member of the married or pacsed couple remains in solidarity with all debts owed (rents, charges, etc.). This has an effect until the divorce or dissolution of the pacs is pronounced.

A rental lease of housing must be terminated by two: alone, it is impossible to terminate a lease agreement without the agreement ofthe spouse.