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 are holders of the lease.

2 holders

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 real estate agent) to co-own 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 agent) can claim the rent and expenses from any of the partners.

Indeed, the two partners are jointly and severally obliged to pay the rent and the charges throughout the Civil partnership period.

Even if one of the 2 partners gives notice (leave) the landlord is still jointly and severally obliged to pay the rent and charges of the dwelling. This obligation shall end:

  • Or when the other partner in turn gives notice
  • Either at the breaking 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 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 gives his notice to the owner
  • 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.

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

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.

1 holder only

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 agent) can claim the rent and expenses from any of the partners.

Indeed, the two partners are jointly and severally obliged to pay the rent and the charges throughout the Civil partnership period.

If the partner who does not hold the lease 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:

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

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The lease holder gives notice and the other partner stays in the dwelling

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 tenant keeps the house and the other partner leaves

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

  • Either at the break of the Civil partnerships: titleContent
  • At the end of the notice period, where the partner holding the lease give her leave to the owner (or real estate agent)

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.

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 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.

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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 holder of the lease, the other partner shall benefit 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 holder of the lease, the other partner shall benefit 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.

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

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  • Departmental Agency for Housing Information (Adil)