I am separating: what happens to the tenancy agreement?

A landlord may sometimes have to deal with their tenants separating. In this situation, questions may arise about the future of the tenancy agreement. Here is what you need to know if you are separating or if your tenants are separating. 

Please note that the rules you must follow vary according to your marital status. However, one thing does not change: tenants separating does not mean that the tenancy agreement is terminated.  

What are the different possible scenarios?

• If the tenants are married and have both signed the tenancy agreement. 
  In this situation, both spouses must comply with the terms of the tenancy agreement until the end of the contract. If the person leaving the property wishes to be released from their obligations under the tenancy agreement, they must give notice, while continuing to comply with the contract.
  
  
• If the tenants are married and the contract has only been signed by one spouse.
  In this case, the Civil Code provides that the non-signatory spouse is nevertheless jointly liable with the other spouse for debts incurred by the household, including the rent. 
  However, there are also major differences of opinion in this situation. Some believe that, once separated, the non-signatory spouse no longer has to pay. Others, however, believe that both spouses must continue to pay until the divorce is finalised. 
  
  
• If the tenants are considered legal cohabitants
  In this case, rules similar to those applying to married couples apply. Both tenants remain bound until the end of the tenancy agreement and are jointly liable for the debt incurred by the household.
  
  
• If the tenants are considered de facto cohabitants
  In this situation, only the tenant or tenants who signed the contract are bound by it until it ends. If only one of them signed the contract, only that person is bound by it and the other may leave as they wish. However, if they are co-signatories, neither is released from their tenancy obligations. 

As regards the landlord, it is advisable to have both tenants sign the agreement. If the tenants stop paying the rent, the landlord may serve them with formal notice. If this proves ineffective, the landlord may also refer the matter to a justice of the peace.