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Does a roommate have to pay the debts after giving notice?
Verified 01 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A natural (individual) or legal person (body) who undertakes in writing (guarantee) to be paid to the landlord, including rent, charges and rental repairs where the tenant fails to do so
The situation is different depending on whether the departing roommate has signed a lease with all the other roommates and the landlord (or his representative), or whether he has signed a lease individually with the landlord (or his representative).
What applies to you ?
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Common lease
The situation is different depending on whether or not the lease contains a solidarity clause.
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Lease with a solidarity clause
Each roommate and his surety shall be liable for all sums due to the owner (or his representative).
This means that each roommate and his or her guarantor agree to pay the share of the rent and the charges owed by the other roommates, if the latter do not pay it.
For the departing roommate and his guarantor, this obligation remains:
- Either during the 6 months that follow the end of the notice period.
- Or, if a new roommate replaces the departing roommate during his notice, until the end of the notice.
TO know:
The owner (or his representative) can claim during 3 years any outstanding charges or rents due to him.
For example, a rent (or expense) debt from July 2023 can be claimed until July 2026.
Lease without this clause
The departing roommate (and his surety) shall pay its share of rent and rental charges until the end of its notice period.
This period may be reduced if a new roommate signs up for the lease before the end of his notice.
TO know:
The owner (or his representative) can claim during 3 years any outstanding charges or rents due to him.
For example, a rent (or expense) debt from July 2023 can be claimed until July 2026.
Please note
Where the colocation consists solely of a couple of cohabiting partners, specific rules apply in the event of violence.
Individual lease
The departing roommate (and his or her security deposit) must pay his or her share of the rent and charges, as specified in the lease, until the end of the notice period.
FYI
Owner (or representative) has 3 years to claim from the roommate any unpaid rent or charges he owes him.
For example, he or she can claim a rent (or expense) debt from July 2023 to July 2026 from the roommate.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 16h15
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Departmental Agency for Housing Information (Adil)