The legal rules of colocation

The legal rules of colocation

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To save money, take advantage of conviviality or learn about community life, colocation is ideal. If there is no specific regulation, it is better to know certain legal elements so that the colocation is done in all serenity.

Any signatory is a tenant

A shared accommodation is by law considered to be a rental by several tenants. If the roommates rent an empty accommodation, it is subject to the provisions of public order of the law of 6 July 1989, which regulates the duration and the content of the lease contract. For the rental of furnished accommodation, a written lease is mandatory. Its duration is one year tacitly renewable. Each tenant must sign the lease. The owner will choose if he wishes to establish one or more rental contracts. If a roommate arrives during the lease, you must either sign an addendum to the lease contract so that the rights and obligations are the same for all, or establish a new contract

Solidarity clause

A co-location lease almost always includes a solidarity clause, even if it is not mandatory. It is a guarantee for the landlord to receive the rent. The solidarity clause stipulates that if one of the roommates is unable to pay the rent, the other roommates must do so. The solidarity clause also informs that a co-signer of the lease which gives leave remains engaged with the others until the end of the lease. Attention, if the formula "solidarity clause" does not always appear but can take the form of an explicit sentence such as "each tenant is responsible for the entire rent until the end of the lease".

Leaving the accommodation during the lease

Except in special cases, a roommate may give his leave during the lease provided he observes three months' notice and warns the owner by registered letter with acknowledgment of receipt. If the lease does not include a termination clause in the event of the departure of a roommate, the others may continue to live in the accommodation. To recover his share of the security deposit, the roommate will have to wait for the expiration of the lease. He may also be required to settle any unpaid payments to the owner. You should know that in the event of the departure of a roommate, the lessor is not obliged to accept the proposed replacement.

Subletting: a dangerous practice

Many group rentals are made with only one or two signatories to the lease. Tenants who have not signed the lease are therefore not legally bound to any obligation to the owner. In return, they risk being left without any rights if the holders of the lease give notice. These non-signatory "roommates" become "sub-tenants" as soon as they pay their share. If free accommodation is permitted, the existence of a financial consideration between tenant and sub-tenant is prohibited in most leases. It exposes the holders of the lease to immediate termination and to the eviction of all occupants if the owner is aware of the situation.

Insurance and housing tax

Regarding home insurance, it is preferable that the roommates take out insurance together with the same insurer. This will avoid possible conflicts between insurers in the event of a claim. The housing tax, as for a conventional rental, is payable for the whole year, even if there was a move during the year. A single tax is established on behalf of all occupants, who are jointly responsible for payment.

Current invoices

In principle, a subscription corresponds to a holder. In the event of an official roommate, it is possible to request a subscription to the names of all the roommates. Please note, in the event of payment default, providers may turn either against the first person appearing on the subscription, or against all tenants.

Housing aid

The Family Allowance Fund can allocate financial assistance (Social Housing Allowance, personalized housing assistance) depending on the situation and resources of each. To benefit from aid, it is imperative to be a signatory. The co-tenant's share will then be taken into account.