A simple error in the rental contract has made a young man from the île de France region (France) now face a fine of approximately 6,000 euros. It has been his lawyer who has announced his story, to notify the tenants of a ruling that is committed more and more and that has to do with the fact of sharing a floor. The owners, he says, have to be notified at the time one of them leaves the house.
Máximo, the tenant, thought it was enough to send a letter or an informal message to disconnect from the rental contract of a house that he shared with his girlfriend, agata. When they left the relationship, he left but she stayed at home. So, as the lawyer explains in FigaroThe man wrote an ordinary letter, which he did not send by certified mail, and in which he did not warn what had happened as well as the need to modify the contract.
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The owner, when he received the letter, wrote another in which he requested the maximum data to write a formal document in which his departure from the floor appeared. But he did not answer him and in this way, the rental contract continued to appear in the name of the two tenants.
Some years later, the owner denounced the situation that reached the French courts in 2022. The judges ordered the eviction of the Moorish tenant and also the payment of compensation.
Several years later, Hacienda claims 6,000 euros
When it seemed that everything was already solved, in 2024, Máximo received a notification of the public trésor (the French hacienda), which claimed the payment of 6,000 euros. The reason was the solidarity clause that appeared in the lease, which he had signed, where he was responsible for the debts that accumulated even if he had been in the house for more than six years.
The lawyer, Christopher Deshayes, explained in the aforementioned medium that the entire judicial procedure that ended with the eviction of agata was done without maximum knew. “My client is desperate,” but being a solidarity contract and not having money, the responsibility for paying the debt was his.
They have not been able to do anything and now maximum will have to pay thousands of euros for a debt that I did not know. Experts insist that, in these situations, a notification is not enough to disconnect from a shared rental contract. That while the name appears in the contract, the responsibility against defaults of maintains even when it is not residing in the house.
The ruling was not to send the letter notified
The lawyer explains that three things have to be done when situations like this appear. The first is to send a certified letter with acknowledgment of receipt to the owner in which the intention of leaving the floor is reported. Then, you have to ask that the contract be modified so that the tenant who is assumed by the lease, provided that the owner agrees.
In France, the solidarity contract is usual when a floor is shared. Although the couple breaks, if they are not changed they can request legal responsibilities. “It is essential to formalize the exit of the contract, not only in writing, but with all legal guarantees,” concludes Deshayes.