Amending a lease agreement with your ex-partner

Before leaving, you could also consider asking the judge to evict your partner from the home as part of a protection order or “ordonnance de protection”.

You could obtain their eviction within a maximum of one week, even if the accommodation is in their name. However, it will be up to you to pay the rent and the costs of the accommodation from then on.

Pending the judge’s decision, there are emergency accommodation options for you and your children.

If you decide to leave, it is highly recommended that you report the abuse and your departure from the home:

• by filing a “main courante” or “plainte” with the police
• or by making a request called a “requête” to the family court judge, called the “juge aux affaires familiales (JAF)”. It is strongly recommended that you hire a lawyer to take this step. If your resources are too limited to pay for their services, you can apply for legal aid or “aide juridictionnelle” to cover the costs.

Asking the landlord to change the lease

If one of the tenants who has signed the “bail” leaves, it is important that the landlord is informed of this change.

Then, follow these steps:

• Write a letter to notify your landlord of your departure:
  • In this letter, ask them to send you a document called an addendum or “avenant” specifying the name of the tenant who has left the property.
  • This document is very important, especially if it is you who is leaving the property. If your ex-partner does not pay their rent, you might have to pay for their rent unless you can provide this document.
• Send the letter by registered post with recorded delivery or “lettre recommandée avec accusé de réception”. This is the only way to prove your letter has been received. Keep the receipt as proof of postage.

If the landlord refuses

Sometimes a landlord refuses to change the “bail” if the request has not been signed by the person to be withdrawn from the contract.

If your ex-partner has left the property and refuses to sign, you may need a decision from the judge to obtain an addendum to your “bail”. For example, if you benefit from a protection order or “ordonnance de protection”, you can provide the document signed by the judge to have the lease modified.

If your landlord refuses to provide you with an “avenant” to the lease and you need to obtain a court decision, it is strongly recommended that you hire a lawyer.

Getting back your deposit or “dépôt de garantie”

You probably paid a sum of money when you entered the home, known as the deposit or “dépôt de garantie”.

Generally, the landlord will return this amount only when the “bail” is terminated.

This means that if your ex-partner stays in the home, you may not be able to recover this money straight away.

Notify the landlord of the situation in writing to ensure that they give you your share of the deposit or “dépôt de garantie” when your ex-partner leaves the accommodation.

Check the notice period of “délai de préavis”

You have a legal period to observe between the moment you notify your landlord of the termination of the lease or “bail” and the moment it is actually terminated.

This period is referred to as the notice period or “délai de préavis”.

It is typically three months, but is reduced to one month in the following situations:

• you have filed a complaint against your ex-partner due to abuse committed within the relationship or of a child living with you and if:
  • the legal proceedings are still ongoing
  • or they have received alternative measures to prosecution
  • or they have been convicted
• you have a protective measure ordered by the French judge known as the “ordonnance de protection”
• you live in a furnished home
• your home is located in a place where demand is very high, known as a “zone tendue”
• you have just got your first job, moved to another city, lost your job, or found a new job as a result of job loss
• your state of health requires a change of residence (you will need to provide a medical certificate to prove this)
• you are entitled to financial assistance known as “revenu de solidarité active (RSA)” or “allocation aux adultes handicapés (AAH)”
• you have been allocated social housing.

If you are not in any of these situations, you can still try to negotiate a shorter notice period with the landlord if you wish. This would allow you to leave faster without having to pay the rent for three months.

Terminating the “bail”

You must send a letter to the landlord signed by both tenants to terminate the “bail” (template).

Make sure to specify the notice period or “délai de préavis” that applies to you and whether you are entitled to a shorter notice period of only one month.

Send the letter by registered post with recorded delivery or “lettre recommandée avec accusé de réception”. This is the only way to prove your letter has been received. Keep the receipt as proof of postage.