Shared Housing : What Are the Rules ?

Number of leases

Most of the time, each of the roommates signs the same contract, which is common to all, and is held to the same obligations towards the landlord. This is referred to as a single lease (as opposed to "multiple leases" when several shared housing contracts are signed between each roommate and the landlord, (article 8-1 of law no. 89-462 of July 6, 1989).

The rules outlined below apply to the single lease (particularly regarding the solidarity clause and the notice given by a tenant).

Each person who has signed the lease is considered a tenant with all the rights and duties that this entails (payment of rent, charges, maintenance of the dwelling, etc.). Otherwise, they are considered a mere occupant and do not benefit from the protection of the law, even if they pay a portion of the rent.

Rules that apply to the lease

Shared housing is subject to the legal regime applicable to the dwelling. If the shared housing involves a furnished rental, it must comply with the specific regulations applicable to furnished rentals (articles 25-3 to 25-11 of the law of July 6, 1989).
The lease is established in writing and follows a standard contract format. It must include numerous essential pieces of information, notably (article 3 of law no. 89-462 of July 6, 1989) :

• the name and address of the landlord, the name of the tenant,
• the start date and duration of the lease,
• the composition, purpose, and living area of the rented property,
• the amount of the rent, its payment terms, and the rules for any potential revision....

The owner’s obligations

When the dwelling is rented to several people, the landlord is obligated to each roommate to provide decent housing that does not reveal risks that could harm the physical safety or health of the occupants.

The landlord must deliver to the tenant a dwelling in good condition for use and repair, ensure the tenant's peaceful enjoyment of the dwelling, and perform all repairs, other than those that are the tenant's responsibility, necessary for maintaining the condition and normal maintenance of the rented premises (article 6 of the law of July 6, 1989).

The obligations of roommates

Roommates are required to pay the rent and recoverable charges. Typically, the landlord includes a clause in the rental agreement for joint and several liability or undivided rent debt. This means each tenant is responsible for the payment of all sums due to the landlord (rent, charges, maintenance repairs) until the end of the contract. Therefore, the landlord can demand the total payment from any one of them.

Roommates must also peacefully use the rented premises according to its intended purpose, be responsible for any damages to the property they rent (except in cases of force majeure, fault of the landlord, or the fault of a third party they did not introduce into the dwelling) and take care of the routine maintenance of the dwelling (except for wear and tear).

Additionally, they are required to insure against rental risks and provide proof of this insurance annually upon the landlord's request. If they fail to provide proof of insurance and after a period of 1 month following a formal notice, the landlord may take out insurance on behalf of and at the expense of the tenant.

In the case of a clause stipulating the automatic termination of the lease agreement due to the tenant's lack of insurance, this can only take effect 1 month after an unsuccessful formal demand.

Good to know : Roommates can sign a single insurance policy that lists the name of each roommate. 

Security deposit and guarantor in a shared housing situation

Security deposit

A security deposit cannot be required when rent is payable in advance for a period of more than two months; however, if the tenant chooses to pay the rent monthly, the landlord may demand a security deposit, which cannot exceed 1 month's rent in principle. This deposit is paid upon moving in and must be returned within a maximum period of 1 month from the handover of the keys by the last roommate, provided that the exit inventory matches the entry inventory, and after deducting any sums still owed to the landlord (article 22 of the law of July 6, 1989)..

Deposit

The landlord may request a close relative to act as a guarantor for the payment of sums due by the roommate mentioned in the guarantee document. It is rare for the guarantor to commit to all roommates. The guarantor's commitment ends 6 months after the departure of the "covered" roommate unless they have been replaced. In this case, the guarantor is released from their obligation as soon as the notice given by the tenant, they were guaranteeing ends.

Note : If the landlord has taken out unpaid rent insurance, they cannot ask for a guarantor unless the tenant is a student or an apprentice.  

Shared Housing : How to terminate the lease ?

Notice given by the roommates

• If everyone wishes to terminate the lease, they need only to send a joint notice containing all the names and signatures of the roommates. The amount of the security deposit will be returned to any one of them indiscriminately.
• If only one of the roommates wishes to leave the dwelling, their departure does not terminate the contract, which continues under the same conditions with those who remain.
• If a new roommate replaces them with the landlord's agreement, an amendment to the contract is essential. The landlord cannot impose a new tenant without the agreement of the other roommates.
• With regard to rent, the solidarity clause in the contract obliges the outgoing roommate to remain responsible for payment for 6 months after the latter’s departure, unless a new roommate has taken his place (article 8-1 VI of the July 6, 1989, law).

Notice given by the owner

A notice sent by the owner to a single tenant at the end of the lease (to repossess the property or sell it, article 15 of the law of July 6, 1989) is valid for the others, if a solidarity clause is included in the contract, as is generally the case.