Search Q&A
Potential breach of contract
Hello,
If one of the two persons who have both signed a rental agreement walks out, is there a breach of contract? I am assuming that this would be the case.
For example - if there cannot be an agreement reached, thus one person could be seen as "obstructing" the other.
I am aware If the owner of the property would not accept an amendment/addendum to the original contract (by accepting one person leaves and the other one stays, taking on all responsibilities) then notice would have to be given.
Many thanks,
"I am assuming that this would be the case." - Unfortunately no.
If you have signed a "normal" rent contract, the two of you will have signed "solidairement et indivisiblement", which basically means that each of you individually is responsible for the contract as a whole.
If your flat mate leaves and has no intention of paying the rent, there is no breach of contract between you and the landlord, the landlord will require you to pay the full amount of the contract. If you don't pay, the landlord has the right to pursue you individually for the whole amount.
Adding to what ANON has said, if YOU do not pay the total rent now that your flat-mate has left, it is much easier for the landlord to pursue you for the shortfall than your erstwhile flat-mate because he/she knows where you live and because you are almost certainly severally liable (unless the rental contract is very unusual).
If you find a potential new flat-mate, the landlord may or may not agree, and, unless your contract (unusually) allows sub-letting, the landlord will have the final say as to whether they can join you and be added to the rental agreement.
The only contract that has been broken here is the contract the 2 co-signatories have between them.
If that's not written down, you're going to have a very difficult and expensive time enforcing it.
The tenancy contract, however, still stands.
