18. Transfer of the Tenancy of a French Rental Property

1. 18.1. Married Couples
   18.2. Civil Partnerships
   18.3. 'Free Union' Couples
   18.4. Other Family Members

18.3. 'Free Union' Couples and Tenancy Transfers in France

Where the tenancy is in a single name, and the couple are living in ‘free union’, then, as a general rule, on the death of the tenant, or abandonment of the tenancy by them, the remaining party has no automatic right to the tenancy.

However, if they can prove a ‘legal’ concubinage, evidenced in front of a notaire over a least a year previously, and they have occupied the property as their main home since this time, then they have a right to the tenancy.

They share this right with other family members who may be in the property.

These rights do not apply where the tenant has given proper notice to the landlord and terminates the tenancy in accordance with the tenancy agreement. In these circumstances, the remaining party can only stay in the property with the consent of the landlord.