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Paced couple renting their accommodation: what are the rules?

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

The rules are different depending on whether one or the 2 partners of Civil partnerships: titleContent are leaseholders.

The 2 partners hold the lease

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

  • Either when they both signed the lease
  • Either when only one partner has signed the lease, but then together they ask the landlord (or real estate agent) to be co-owners of the lease, on the grounds that they are Pacsés. 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 agent) can claim the rent and expenses from any of the partners.

In fact, the 2 partners are jointly and severally obliged to pay the rent and expenses for the entire Civil partnership.

Even if one of the 2 partners gives notice (leave) to the landlord, he still remains jointly and severally obliged to pay the rent and the expenses of the accommodation. This obligation shall end:

  • Either when the other partner gives his or her own notice
  • Either at the break of the Civil partnerships

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 stays in the dwelling.

The partner who has given notice remains jointly and severally liable to pay the rent and the expenses of the accommodation. This obligation shall end:

  • Either when the partner remaining in the dwelling gives its own notice to the owner
  • Either at the break of the Civil partnerships

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

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

The judge makes his decision taking into account the social and family interests of the former partners.

Partner Civil partnerships: titleContent that remains in the dwelling remains the owner of the lease.

The surviving partner has an exclusive right to the lease, i.e. the deceased's heirs do not have rights to the lease, in the following situations:

  • Either when the 2 partners signed the lease
  • Either when only one had signed the lease, but the 2 partners had jointly asked the landlord (or real estate agent) to co-own it.

But the surviving partner can renounce 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 notice), he must send it to each of the 2 partners.

If it does not do so, the letter addressed to only 1 of the partners is of no value to the other partner. Mail sent to only 1 partner is not opposable to the other partner.

But if the owner sends the mail to only 1 partner because he does not know the Civil partnerships, then the mail automatically becomes opposable to the partner who is not the recipient.

Only one partner holds the lease

Single Partner Civil partnerships: titleContent is the holder of the lease of the dwelling where he is the sole signatory of the lease and that the couple did not ask the owner to co-own the lease.

For the duration of Civil partnerships: titleContent, the landlord (or real estate agent) can claim the rent and expenses from any of the partners.

In fact, the 2 partners are jointly and severally obliged to pay the rent and expenses for the entire Civil partnership.

If the partner who is not the lessee is the only one to leave the dwelling, he remains jointly and severally obliged to pay the rent and the expenses of the dwelling. This obligation shall end:

  • Either when the Civil partnership ends
  • Or when the other partner gives notice (leave) to the owner (or estate agent)

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The lessee gives notice and the other partner stays in the dwelling

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

The lessee keeps the house and the other partner leaves

The partner who leaves the dwelling remains jointly and severally obliged to pay the rent and the expenses of the dwelling. This obligation shall end:

  • Either at the break of Civil partnerships: titleContent
  • Either at the end of the notice period, when the leasing partner gives leave to the owner (or estate agent)

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

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

The judge makes his decision taking into account the social and family interests of the former partners.

Housing is abandoned in one of the following 2 cases:

  • The departure is made inevitable and final due to health problems.
    For example: the lessee goes into a retirement home.
  • The departure is abrupt and unpredictable and it was programmed without the other partner's knowledge.
    For example: the lease holder leaves with personal business while the other partner is at work.

Social housing

If the lessee abandons the dwelling, the other partner benefits from transfer of leaseregardless of income.

But others close (descendants, ascending...) may claim the lease.

In case of conflict, it is up to the judge.

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

Private Housing

General case

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

But some close (descendants, ascending...) may claim the lease.

In case of conflict, it is up to the judge.

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

Housing subject to the 1948 law

If the lessee abandons the dwelling, the partner remaining in the premises benefits from transfer of right to maintenance.

Social housing

Upon the death of the lease holder, the other partner shall transfer of leaseregardless of income.

Private Housing

General case

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

But others close (descendants, ascending...) may claim the lease.

In case of conflict, it is up to the judge.

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

Housing subject to the 1948 law

Upon the death of the lease holder, the other partner shall transfer of right to maintenance.

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

If it does not do so, the letter addressed to only 1 of the partners is of no value to the other partner. Mail sent to only 1 partner is not opposable to the other partner.

But if the owner sends the mail to only 1 partner because he does not know the Civil partnerships, then the mail automatically becomes opposable to the partner who is not the recipient.

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