Le lien vers cette page a été envoyé avec succès aux destinataires.
Cohabiting tenants: What are the rules?
Verified 10 April 2020 - Directorate for Legal and Administrative Information (Prime Minister)
When a couple lives in a cohabitation (common law union), the rules that apply differ depending on whether the two concubines or only one of them are on the lease. The spouse whose name is not on the lease does not have the right to remain in the dwelling when the other decides to give notice to the landlord. However, in the event of abandonment of the dwelling or death, the surviving non-signatory spouse may remain in the premises, under certain conditions.
What applies to you ?
Veuillez patienter pendant le chargement de la page
Lease signed by a single partner
If the lease has been signed by only one partner, the other has no rights or title to the dwelling, even though they practically share the rent payment.
Only the signatory of the lease is liable for payment of the rent and charges. As a result, the landlord can never claim it from the non-signatory partner of the lease, unless the partner has taken action surety.
If the partner signing the lease gives the owner notice (leave), the other partner must leave the premises at the same time, unless the owner agrees to sign a new lease with him.
In the event of the death of the cohabiting partner signing the lease, the other cohabiting partner may claim the transfer of the lease under certain conditions:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Private accommodation
The remaining spouse is eligible for the lease transfer if:
- he had been living with the lessee for at least 1 year at the date of death,
- and that cohabitation was well known (continuous, stable and known relationships).
Proof of this cohabitation can be made by any means (attestation of relatives, invoices, ...).
If the cohabitation lasted less than a year, only the owner's agreement and the signing of a new lease authorize him to remain in the premises.
Social housing
The notorious common-law partner benefits from the transfer of lease without having to justify special resource conditions.
Proof of the well-known cohabitation (continuous, stable and known relationships) can be made by any means (attestation of relatives, invoices...).
Housing Law of 1948
In the case of a housing subject to the 1948 lawHowever, a known common-law partner does not have a right to be kept in the premises, except in the case of a person with a disability.
Proof of the well-known cohabitation (continuous, stable and known relationships) can be made by any means (attestation of relatives, invoices...).
Home abandonment occurs in 2 cases:
- The tenant's departure is abrupt and unpredictable and it was planned without the knowledge of the other people living in the accommodation.
For example, the tenant who leaves while his partner is at work and takes personal belongings, even furniture. - The departure of the tenant is made inevitable and definitive due to health problems and it is imposed on the tenant and his relatives.
For example: setting up an elderly person in a retirement home.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Private accommodation
The remaining spouse is eligible for the lease transfer if:
- he had been living with the lessee for at least 1 year on the date of the house abandonment
- and that cohabitation was well known (continuous, stable and known relationships)
Proof of this cohabitation can be made by any means (attestation of relatives, invoices...).
If the cohabitation lasted less than a year, only the owner's agreement and the signing of a new lease authorize him to remain in the premises.
Social housing
The notorious common-law partner benefits from the transfer of lease without having to justify special resource conditions.
Proof of the well-known cohabitation (continuous, stable and known relationships) can be made by any means (attestation of relatives, invoices...).
Housing governed by the 1948 Act
In the case of a housing subject to the 1948 lawHowever, a known common-law partner does not have a right to be kept in the premises, except in the case of a person with a disability.
Proof of the well-known cohabitation (continuous, stable and known relationships) can be made by any means (attestation of relatives, invoices...).
The landlord who wishes to give his notice (leave) can send his mail to the only partner signing the lease.
Lease signed by the 2 concubines
When the two concubines signed the lease, each is a tenant of the housing they occupy together.
The concubines signing the lease are required to pay rent and expenses:
- if a solidarity clause is inserted in the lease, in a joint and several manner (the owner can contact any of them to obtain payment)
- if none solidarity clause was inserted in the lease, each at 50%
In order for the lease to end, the concubines must send the owner their letter of notice (leave):
- simultaneously if they each write a letter,
- or jointly if they wish to give their notice in the same post.
If only one spouse gives notice, the other remains a tenant of the current lease.
Depending on the type of lease, the outgoing spouse remains liable for rent and charges for a longer or shorter period of time.
Répondez aux questions successives et les réponses s’afficheront automatiquement
The lease includes a solidarity clause
Lease signed after March 27, 2014
The spouse who gives notice to the landlord remains liable for the rent and charges:
- for 6 months after the end of notice
- or at the end of the notice period, if a new tenant arrives before the end of the notice period
Lease signed before March 27, 2014
Lease renewed as of March 27, 2014
The spouse who gives notice to the landlord remains liable for the rent and charges:
- for 6 months after the end of notice,
- or at the end of the notice period, if a new tenant arrives before the end of the notice period.
Lease tacitly renewed from 6 August 2015
The spouse who gives notice to the landlord remains liable for the rent and charges:
- for 6 months after the end of notice,
- or at the end of the notice period, if a new tenant arrives before the end of the notice period.
Other case
The partner who gives the owner notice remains liable for the rent and the charges due until the end of the lease.
The lease does not contain a solidarity clause
The spouse who gives his notice to the landlord remains liable for the rent and the charges due:
- until the end of the sound period notice
- or until a new roommate arrives, if the new roommate arrives before the end of the notice period
If one of the concubines dies, the lease continues to the benefit of the only remaining concubine.
There is abandonment of the home:
- When the tenant's departure is abrupt and unpredictable and it was planned without the knowledge of the other people living in the accommodation.
For example, the tenant who leaves while his partner is at work and takes personal belongings, even furniture. - Or when the departure of the tenant is made inevitable and definitive due to health problems and it is imposed on the tenant and his relatives.
For example: setting up an elderly person in a retirement home.
If one of the concubines abandons the dwelling, the lease continues in favor of the only remaining concubine.
The owner who wishes to give his notice (leave) must send a letter to each of the concubines. If only one of the spouses is notified, the notice is not valid.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 16h15
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Departmental Agency for Housing Information (Adil)
Abandonment, death (general case)
Abandonment, death (social housing)
Abandonment, death (so-called "Law of 48")
Cohabitation and solidarity clause (VI)