How to build a rental file? (Unmarried)
If you're an unmarried couple who decided to move in together and rent a property you'll be considered cohabitants. As such, you have the option to either sign one lease (under one person's name) or two separate individual leases. In the case of the former, only the signatory is considered the official tenant. The other member of the couple will just be regarded as an occupant and will not share the same rights to the property as the signed tenant.
Nevertheless, as residents of the property, both members of the unmarried couple are expected to fulfill the tenant's rights and responsibilities. They're expected to pay rent on time, not cause any disturbance, and have the right to suitable living conditions whilst on the property.
What happens when the two cohabitants sign the lease?
When the two cohabitants (i.e. unmarried couple) sign the lease, they are both tenants of the property and therefore co-holders of the rental contract. Regarding the payment of rent, it all depends on the drafting of the lease:
Note: If the lease provides for a solidarity clause and was signed before the entry into force of the ALUR LAW (March 27, 2014), the cohabitant who signed the lease will have to pay the rent and charges until the end of the lease.
- With a Solidarity Clause:
- The members of the couple are jointly and severally liable for the payment of the rent. As with a married couple, the landlord can claim the full rent from one of the two.
- Without a Solidarity Clause:
- Everyone must pay their share of the rent.
Note: If the lease provides for a solidarity clause and was signed before the entry into force of the ALUR LAW (March 27, 2014), the cohabitant who signed the lease will have to pay the rent and charges until the end of the lease.
Is it mandatory to have a guarantor ?
Though it's a guarantor is not required in a rental file, it will still help if you get one. A guarantor is one that enters into a surety agreement with the tenant/s wherein the former will take on the latter's debt (i.e. unpaid rent) in the event that the latter no longer has the means to pay it themselves.
The guarantor must provide you with:
In the case that you can't find a guarantor, alternative solutions are still available. There’s Action Logement's Visale guarantee, for example, which is a rental deposit guaranteeing unpaid rent. It's reserved for tenants under the age of 30, self-employed individuals, employees of private companies whose net salary is less than or equal to €1,500.00, private sector employees who have transferred to France on business, and tenants who have signed a mobility lease.
If you still cannot benefit from the Visale guarantee, you can use an online guarantor (i.e. Garantme) which allows tenants to self-insure or have a certificate from a bank proving that they can consistently pay their rent.
The guarantor must provide you with:
- Their valid ID
- Their proof of address
- Their employment contract
- Their last 3 payslips
In the case that you can't find a guarantor, alternative solutions are still available. There’s Action Logement's Visale guarantee, for example, which is a rental deposit guaranteeing unpaid rent. It's reserved for tenants under the age of 30, self-employed individuals, employees of private companies whose net salary is less than or equal to €1,500.00, private sector employees who have transferred to France on business, and tenants who have signed a mobility lease.
If you still cannot benefit from the Visale guarantee, you can use an online guarantor (i.e. Garantme) which allows tenants to self-insure or have a certificate from a bank proving that they can consistently pay their rent.
What are the documents to be provided?
If you want to rent as an unmarried couple and plan for both members of the couple to be signatories of the lease, it is necessary to consolidate mandatory documents and gather them in a single file. They should include:
If guarantors are requested, add the same documents regarding guarantors:
- Photocopies of proof of identity (i.e. passport)
- The last 3 pay slips (for employees) or the last two balance sheets (for self-employed).
- Proof of address (i.e. utility bills)
If guarantors are requested, add the same documents regarding guarantors:
- An employer's certificate
- The last tax notice
- Rent receipts from the previous tenancy
What documents are not required?
Under the Laws of 6 July 6, 1989, and January 17, 2002, the property owner/landlord has no right to ask for certain documents that are deemed too personal and/or confidential such as:
- VITALE card
- Photocopy of bank account
- Certificate of proper maintenance of the bank account
- Certificate of no credit, authorization of direct debit
- Marriage contract or cohabitation certificate
- Personal medical record
- Criminal record extract
- Extract from the family record book
- Any financial proof intended to reserve or guarantee your accommodation
Ce qu’il faut retenir :
- Unmarried couples living and renting a property together are considered cohabitants.
- They can choose to either sign a lease together (with only one member as a signatory) or separate individual leases.
- Regardless of who signs the lease, all residents are required to fulfill the tenant's rights and responsibilities.
- A guarantor is not required but is highly recommended.
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Posted on 20/01/2023 by
Andy LECUYER
