Let us imagine the following situation: you rent out your property to a couple. After some time, they decide to separate, and only one of them remains in the flat. What should you do? And what if the remaining tenant defaults on payment?
Married couples and legal cohabitants
Indeed, in this situation, the couple’s legal status is very important!
Married couples and legal cohabitants are both considered tenants, even if only one of the partners signed the lease. You may therefore legally require either partner to pay the rent in full. This also applies to tenants who marry or become legal cohabitants during the term of the lease.
De facto cohabitants
- If only one of the partners signed the lease, that person alone will be liable for paying the rent.
- If they both signed without a joint and several liability clause, you will only be able to claim half of the rent from each of them.
In all cases, we recommend having both tenants sign the lease and explicitly stating in it that they are jointly and severally liable for paying the rent, even if the couple is married or legally cohabiting. This will avoid any ambiguity!
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