How to terminate a rental agreement after a divorce?

Terminating a rental lease can be complex. But, in certain situations (bankruptcy, death, separation, etc.), the procedures can be even more difficult, since it will be necessary in particular to end the rental in advance. Decryption in 3 questions and answers.

Why should the tenancy agreement be terminated in the event of a divorce?

It is not the fact of divorce or separation that makes it necessary to terminate the tenancy agreement. It is the fact that the rental contract will no longer be in tune with the reality of the situation. Clearly, if a person found an apartment to rent alone and then got married, there is no reason to terminate the rental agreement after a separation. On the other hand, when an apartment is rented by two people (couple or roommate), the separation obliges the tenants to terminate the lease. On the one hand because the two people will no longer be the effective tenants of the property. On the other hand because the income of a single person often does not make it possible to reach three times the amount of the rent.

How to terminate the lease?

Nevertheless, terminating a rental lease is not so easy, especially when the due date of the rental agreement is far away. The tenants remain responsible for paying the rent until the end of the contract even if, following the separation, one of the people has moved. It will therefore be necessary, to free oneself from the property, to write a letter of early termination then find a replacement tenant who is solvent and meets all the criteria in terms of good character and income. If you find yourself in this situation, SherlockHomes can help you. This specialist in putting in contact between outgoing tenants and candidates for rental will simplify the task of publishing an ad to monitoring the file, including the organization of visits.

Can we sign a new contract after terminating the rental lease?

Divorce or separation does not, however, condemn you to returning the accommodation and looking for a new apartment to rent. If the rent remains three times lower than the income of the sole tenant, the latter may, by obtaining the landlord’s agreement, terminate the rental lease to sign a new rental contract. No need in this case to find a replacement tenant.

This article is not exhaustive and does not engage the responsibility of its author.