Lease Transfer for Roommates: Tenant Guide France

Changing a roommate by transferring a lease may seem simple, but for a tenant in France you must follow specific rules to protect your rights. This guide explains in clear language the steps to take: obtain the landlord's consent, check the contract and the inventory of fixtures, arrange the transfer of the security deposit and clarify who remains responsible for rent. You will also find tips for keeping written evidence, contacting the departmental conciliation commission or bringing the case before the judicial court in case of dispute^[1][2]. The goal is to avoid unpleasant surprises and secure your departure or arrival in shared housing.

What to check before the transfer

Before proposing a replacement, check the essential points to limit risks:

• Obtain the landlord's written consent and review the contract clauses.
• Keep evidence and written exchanges such as emails or letters.
• Carry out a full inventory of fixtures with dated photos.
• Clarify the handling of the security deposit and shared charges.

Practical steps

Follow these steps to formalize the transfer and protect your rights:

1. Propose a candidate and provide their documents to the landlord for verification.
2. Sign an amendment or a new contract according to the parties' agreement.
3. Arrange the move-out and move-in inventories and the handover of keys.
4. Transfer or refund the security deposit in accordance with the written agreement.
5. Respect the deadlines provided by the contract or the applicable law.

In case of conflict

If a dispute arises, prioritize conciliation. The departmental conciliation commission can be seized to attempt an amicable agreement. As a last resort, the dispute may be brought before the judicial court; Law n° 89-462 governs residential leases and the obligations of the parties^[1]. Document each step and keep all written exchanges.

FAQ

Can the landlord refuse the lease transfer in shared housing?

The landlord can request supporting documents and refuse for a serious reason, but must comply with applicable law.

Is the departing roommate still responsible for rent?

Unless a written agreement releases the departing roommate by amendment, they may remain jointly liable for rent until the end of the lease or until an amendment is signed.

Is an inventory of fixtures mandatory?

Yes, a move-in and move-out inventory is strongly recommended and serves as proof for the security deposit and any repairs^[2].

How to

1. Inform the landlord in writing and ask for the procedure provided in the contract.
2. Check the replacement candidate's file (identification, guarantees, solvency).
3. Draft and sign an amendment or a new lease according to the agreement obtained.
4. Carry out the inventories, hand over the keys and handle the deposit if agreed.
5. In case of dispute, contact the departmental conciliation commission then, if necessary, bring the matter before the judicial court.

Help and Support

• Lease transfer — Service-public
• Inventory of fixtures and security deposit — Service-public
• Law n° 89-462 of July 6, 1989 — Legifrance

1. [1] Legifrance — Law n° 89-462 of July 6, 1989.
2. [2] Service-public — Inventory of fixtures and security deposit.