Separation of tenants: can the owner choose who remains or terminate the lease?

The tenants of Irène separate but everyone wishes to keep the accommodation. Can Inene choose one of the two or terminate the lease? Answers from Anne Boucaut, real estate agent, in the program “Le Grand Rendez-vous de l’Emalmboards” (Capital / Radio Immo).

Capital video: My tenants separate, can I cancel their lease?

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Six months ago, Irene, landlord of an apartment in Orleans, signs a lease with a couple of tenants. Today, Monsieur and Madame separate. The logic would like them to resume the lease of their three pieces and each set out in search of a studio or two rooms. But no, they are so well in Irene’s apartment that none of the two hears it. The catch is that Madame does not win the rent three timesthe ratio generally required by owners lessors to be sure that the tenant will not encounter any difficulty in payment. As for sir, “He is delicate with justice”published Irene modestly. Worried, she wants terminate the lease of the couple and seek other tenants. But does it have the right?

“No”. In the program “Le Grand Rendez-vous de l’Emal desire” (Capital / Radio Immo), Anne Boucaut, real estate agent at Plessis-Robinson, in Hauts-de-Seine, is categorical: “”The lessor cannot terminate the lease unilaterallyexcept in three cases. If he wants to resume accommodation to sell it, live in or accommodate a loved one, or for a legitimate and serious reason such as nightfire caused by the tenant or rent unpaids ”. None of these three exceptions corresponding to Irene’s situation, so she has no right to terminate the lease.

The couple to agree on who keeps the accommodation

Nor is it a question that she decides who, of Monsieur or Madame, will remain in the premises. “Irene does not have the right to say that she prefers that Madame remains tenant, Mr. having trouble with justice, it would be Discriminal»»explains Anne Boucaut. According to the real estate agent, “It is up to the couple to agree on that of the two who will remain in the accommodation”.

Following what a Amendment to the lease contract will have to be concluded between Irene and the member of the couple who remains a tenant. If it is madam, who does not win the rent three times, “She could ask for a natural person guarantor” satisfactory this criterion, imagines Anne Boucaut. What if the tenant couple fails to agree who remains in the scene? “They will remain lease co-solidaries and will both have to pay rent ”replies the real estate agent.

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