Bobdude Posted June 22, 2017 Share Posted June 22, 2017 Hi Everyone,I have a query regarding long term tenants in a house I rent out. They are brother and sister, and have been excellent tenants since December 2015, paying the rent 50/50.However, the brother now wishes to give notice to quit, leaving the sister and family in the house, plus her new partner. The tenancy contract is in joint names of the siblings. I am not particularly au fait with the new contract which came into force before their tenancy, but did ensure that the correct contract was used. However, in the new contract I can't find any mention of what to do in such a situation. I am presuming that I should draw up a new contract with the sister and her partner? The contract I have used is from the Particulier a Particulier (PAP) site, and states 'Soumis au titre de la Loi no 89-462 du 6 Juillet 1989. Reading through it, I can't see anything relevant to one of the tenants quitting.Would any of the kind souls on this site have any experience of this situation please? Link to comment Share on other sites More sharing options...
Chancer Posted June 22, 2017 Share Posted June 22, 2017 The only experience that I hae is in the UK so will not be relevant. I could have created a new contract for the remaining battered spouse or on the advice of the RLA kept to the remaining one, I chose the latter because it had exceeded the initial 6 months and gone on to a month contract, as I had my doubts about her ability to pay I did not want to risk 6 months without rent on a new contract Technically the Partner who had given notice to quit and his guarantors would still be liable for the remaining partners debts, enforcing it would be another matter. In your case were it not for the new partner I would not be overly concerned if the rent is still paid but because of him I think you should ask a Notaire. Editted, my gut feeling is that he remains responsable, terminating the contract is called "déposer le bail" which they are not doing so I think it remains effective and he will remain responsable for 50% of the rent, in any case you need proper advice as you should acknowledge (or refuse if relevant) his notice to quit in the correct format within the correct timescale to protect your interests. Link to comment Share on other sites More sharing options...
Bobdude Posted June 22, 2017 Author Share Posted June 22, 2017 Yes, I too believe he would remain liable for half of the rent, and a new contract would need to be signed with the sibling to discharge him of his commitment. As they are siblings, I am hoping we can come to an agreable solution. I don't think he realises the implications of remaining on the contract. I have to wait for his preavis to come in the post before doing anything. As you correctly point out, if I agree to a new contract with the remaining sibling I am then committing to a new 3 year term. Link to comment Share on other sites More sharing options...
Chancer Posted June 22, 2017 Share Posted June 22, 2017 I dont know that is the case in France but it was important to heed you that it may be the case, the ideal would be to modify the existing contract, you need a notaire to be sure. Do a Google;fr search on "comment retirer une personne d'un bail?" and you will get lots of info, I dont have the time to trawl through it but the last comment on this one may lead you in the right direction http://droit-finances.commentcamarche.net/forum/affich-3846564-bail-au-nom-de-2-personnes-qui-se-separent Link to comment Share on other sites More sharing options...
idun Posted June 22, 2017 Share Posted June 22, 2017 Look on the ANIL web site and find your local ADIL office. They will be able to tell you what should happen.edit, I have been to see the office local to us when we lived in France about my son's appartment.And read this it should be a live link, looks like you need a solidarite clause in the contract.https://www.locservice.fr/guide/reussir-sa-location/colocation.html Link to comment Share on other sites More sharing options...
Bobdude Posted June 22, 2017 Author Share Posted June 22, 2017 [quote user="Chancer"]I dont know that is the case in France but it was important to heed you that it may be the case, the ideal would be to modify the existing contract, you need a notaire to be sure. Do a Google;fr search on "comment retirer une personne d'un bail?" and you will get lots of info, I dont have the time to trawl through it but the last comment on this one may lead you in the right direction http://droit-finances.commentcamarche.net/forum/affich-3846564-bail-au-nom-de-2-personnes-qui-se-separent[/quote]Thank you Chancer for the very useful link. Link to comment Share on other sites More sharing options...
Bobdude Posted June 22, 2017 Author Share Posted June 22, 2017 [quote user="idun"]Look on the ANIL web site and find your local ADIL office. They will be able to tell you what should happen.edit, I have been to see the office local to us when we lived in France about my son's appartment.And read this it should be a live link, looks like you need a solidarite clause in the contract.https://www.locservice.fr/guide/reussir-sa-location/colocation.html[/quote]Thank you also Idun. Link to comment Share on other sites More sharing options...
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