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5 Juin 2008
I'm not married but I live in « concubinage », « union libre » and I want to rent a place
You have two options, either you rent housing in your name alone, or you rent the two names.
And legally, this choice has some consequences in terms of responsibilities.
If you sign the lease ALONE
You are the only one responsible for the payment of rent and expenses.
If the « signataire » the signing of the lease leaves with respect of notice, the other partner has no right to remain (as it is not officially tenant). If he wants to stay in the home, it should contact the owner or the agency and sign a lease .
In the event of departure "sudden and unpredictable" or death of the signing the lease, the partner can stay in housing. This requires
that you have lived in « concubinage notoire » at least 1 year.
What is « concubinage notoire » ?
It is a concubinage official. You may in some municipalities sign an act of « concubinage notoire ». Otherwise you will have to prove your relationship with various documents: invoices to the two names ...
If both or you sign the lease
You are both responsible and have the same rights and obligations.
Beware if your lease includes a solidarity clause « clause de solidarité ». It means that both tenants can be held responsible for paying the rent and ALL of all charges until the END of the lease.
Clearly, if one has no more money, the other must pay for everything.
And that's not all, if a tenant decides to leave before the lease expires and the other decides to stay, if there's a "clause de
solidarité" the one who left must still pay its share of rent (or the full rent if the remaining tenant has no money ...).
When you sign your contract, you must really be careful if this clause is present, it is very important and full of consequences.
If you want to terminate your lease, or you can send each a letter of notice « en recommandé avec accusé de réception », or you send one letter (recommandé) that you both sign.
If any of the tenants leaves without notice, he/she officially remains tenant and should continue to pay his/her rent ...
In any case, if you both sign a lease or if only one signs, when you contact your CAF for possible « assistance finacière », the income of two that will be taken into account.