Colocation: what are the rules?

Verified 21 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)

What is a flatshare? A flatshare is the rental by several roommates of the same dwelling, which all use as their main residence. It can take the form of a single lease signed by all roommates (joint lease), or as many lease agreements as there are roommates (individual lease). We explain the different rules to follow.

Please note

Renting a home to a single couple (married or placed at the time of signing the lease) is not a colocation.

Common lease

The housing must respect a minimum surface area. This is one of the criteria for decent housing.

The dwelling must include at least 1 main room having:

  • Let's say one living space of at least 9 m² and a ceiling height of at least 2,20 m
  • Let's say one habitable volume of at least 20 m³.

Departmental Health Regulations (DHR) may impose more restrictive conditions. To consult it, you can contact your city hall.

Warning  

So that roommates can be entitled to personal housing assistance, housing must have a living space at least 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed, up to a limit of 78 m² for 8 people and more.

The lease must conform to a standard contract that differs, depending on whether the dwelling is rented void or furnished.

The lease must be signed by all roommates and the owner (or his representative).

Each roommate and the landlord (or their representative) must keep a copy of the lease.

FYI  

If one of the occupants of the dwelling does not sign the lease, he should not be considered as one of the roommates. He has no right to housing, even though he pays part of the rent.

The owner (or his representative) may request payment of a security deposit upon entering the premises.

FYI  

Each roommate can request a Loca-Pass advance to pay its share of the security deposit.

To protect against the risk of unpaid debts, the owner (or his representative) can demand a deposit. A guarantor is a person (or body) who undertakes in writing (guarantee) to pay the rent and the charges to the landlord in case of unpaid payments.

The owner (or his representative) can choose one of the following options:

  • Either each roommate has a deposit. The guarantee of each guarantor must indicate the roommate who has the guarantee of the guarantor. The extent of the surety's undertaking varies according to whether solidarity clause is or is not included in the lease.
  • Either a deposit is required for all roommates. The deposit must indicate the roommate whose departure from the dwelling will terminate the commitment of the guarantor.

FYI  

In the case of a single lease with 2 roommates, 1 of the roommates can apply for the security of the Visal guarantee for the two roommates.

The roommates must ensure the accommodation, at least against rental risks (fire, explosion, water damage).

They can choose to to insure themselves collectively or individually.

The certificate of insurance must be provided to the owner (or his representative) every year. Otherwise, the owner (or his representative) may terminate the lease.

Please note

The roommates and the landlord may agree in the lease that the insurance is taken out by the landlord on behalf of the roommates. The landlord (or his representative) provides the roommates with a copy of the insurance contract. The cost of the insurance (possibly increased) is reimbursed per twelfth at each rent.

Upon entering the premises, a inventory of entry points must be done in the presence of all roommates and the owner (or his representative).

The inventory must be dated and signed by the owner (or his representative) and by each of the roommates.

FYI  

If a new roommate comes to replace a roommate who has permanently left the dwelling under lease, he can ask the landlord (or his representative) to sign an amendment to the original entry list.

The rules vary depending on whether the municipality of the dwelling is in a stretched area.

To know if the municipality of the housing is in tense area, you can use this online service:

Whether a dwelling is located in a tense area (notice from the tenant and rent control)

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Stretched area

The rent must not exceed one maximum amount, in some cases. The total amount of rents received by the landlord on behalf of all the roommates may not exceed this maximum amount.

FYI  

Each roommate under 30 can ask MOBILI-JEUNE aid for the payment of its share of rent and rental charges.

Other Area

The landlord (or his representative) freely sets the rent of the dwelling.

FYI  

Each roommate under 30 can request a MOBILI-JEUNE AID for the payment of his share of the rent and expenses.

The rental charges are payable to the owner (or his representative) according to the form indicated in the lease :

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Provisions for charges with annual adjustment

The amount of rental charges recovered by the landlord (or his representative) must be justified.

Provisions and supporting documents

The owner (or his representative) shall fix the amount of the provisions for monthly charges, based on the estimated budget and the previous results agreed at the time of the previous accrual of charges.

FYI  

In a building equipped with devices for individualizing the removable costs of heating, cooling or domestic hot water, the landlord (or the real estate agency) must transmit every month to the tenant information on the consumption of heat, cold or domestic hot water.

Annual regularization and supporting documents

Loads must be adjusted at least once a year comparing:

  • The total of the provisions already requested by the owner (or his representative)
  • And the actual expenses incurred by the owner during the year.

FYI  

In a building, where the water supply contract is not individualized, the owner (or his representative) must transmit, once a year, the water invoice and the water quality information communicated to him by the municipality or theEPCI: titleContent competent (the trustee, where the unit is in a condominium.

If the provisions are higher than actual spending, the owner (or his representative) must repay the overpayment.

If the provisions are less than actual spending, the owner (or his representative) requests an addition.

One month before the annual regularization, the owner (or his representative) must provide the following information:

  • The count of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • How loads are distributed between the housings. And, if necessary, an information note on how to calculate heating and collective hot water loads.

At the request of the tenant, the landlord (or his representative) must send him the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the sending of the statement, the owner (or his representative) must keep all the supporting documents at the disposal of the tenant.

Late regularization

The landlord (or his representative) can claim for 3 years the payment of charges or rents, including after the final departure of the tenant from the dwelling. For example, charges from July 2023 can be claimed by the owner until July 2026.

FYI  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late regularization of charges is possible regardless of the cause:

  • Forgotten
  • Ignorance
  • Neglect.

But the protection litigation judge may refuse a late reminder of charges if it considers that this reminder is unfair, brutal and consequential on the fault of the owner (or his representative) in the execution of the lease. For example, when the tenant has requested regularization of charges and the landlord has not replied.

Where the adjustment of charges has not been made before the end of calendar year according to the year in which they become due, the tenant may require payment over 12 months.

To do this, he must send a letter to the owner (or his representative) by registered mail with acknowledgement of receipt. He can use the following letter template:

Letter to request a delay in paying a significant lease reminder

Package to be paid simultaneously with rent

The amount of the package must be entered in the lease. It must not be disproportionate to the amount of charges applied to the previous tenant.

The package must not be accompanied by a supplement to be paid or by subsequent adjustment.

The package must be paid at the same time as the rent. The frequency of payment shall be indicated in the lease.

The amount of the package can be reviewed annually on the same terms as the rent.

Reminder

Each roommate under 30 can request a MOBILI-JEUNE AID for the payment of his share of the rent and expenses.

In the event of difficulties in paying his charges, the tenant can ask the landlord (or his representative) for payment periods. If the tenant and the landlord (or his representative) have trouble talking to each other, either can call (free of charge) a conciliator of justice to help them find the best solution together.

Each roommate can get a personal housing assistance (APL, ALS, ALF) for the portion of rent he pays, provided he meets the the following conditions:

  • He qualifies for this housing assistance
  • He makes an individual request to the Caf: titleContent or the MSA: titleContent
  • Housing is decent housing and it has a living space at least 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed.

During the lease, the roommates must pay the landlord (or his representative) the rent and rental charges.

To protect against the risk of unpaid debts, the owner (or his representative) can insert a solidarity clause in the lease:

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Lease with a solidarity clause

Each roommate and his surety are liable for all sums due (rent and rental charges) to the owner (or his representative). This means that each roommate, and their respective guarantor, undertakes to pay the other roommates' share if they do not pay it.

Namely:

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him.

For example, a rent or expense debt from July 2024 can be claimed until July 2027.

Lease without this clause

Each roommate and his surety are liable for the share of the rent and the charges they owe to the landlord (or his representative).

Namely:

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him.

For example, a rent or expense debt from July 2024 can be claimed until July 2027.

Possibility of drafting a "co-location pact"

The roommates can decide together on a colocation agreement, a written document that describes how colocation works. It's not an obligation.

This document may include, but is not limited to:

  • List of common expenditure and its allocation (rent, rental charges, rental repairs ...)
  • Conditions of departure of one of the roommates (reimbursement of part of the security deposit by the roommates who remain ...)
  • Rules and regulations with, for example, the rules of use and maintenance of common parts or equipment (bathroom, refrigerator, etc.)

Ability to open a joint bank account

Roommates can open a joint account of colocation. It's not an obligation.

This joint account makes it easier to manage common expenditure. It must be opened by at least 2 roommates.

The joint account holders are in solidarity responsible. All joint holders must sign the opening and closing of the joint account.

The joint account can be converted to undivided accounts (separate accounts) in the following cases:

  • Or at the request of a single roommate (for example, when he leaves the accommodation)
  • Or at the request of all account holders (e.g. at the end of the rooming)

If one of the roommates wants to leave the roommate, he must give his notice (or leave) to the owner (or his representative), respecting formal requirements and time limits.

The departing roommate cannot ask the owner (or its representative) to return its share of the security deposit. He can only go to his roommates to find an amicable solution.

The flatshare continues with the flatmates remaining in the dwelling, but the consequences are 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.

Namely:

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him.

For example, a rent or expense debt from July 2024 can be claimed until July 2027.

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 real estate agency) can claim during 3 years any outstanding charges or rents due to him.

For example, a rent or expense debt from July 2024 can be claimed until July 2027.

Please note

Where the colocation consists solely of a couple of cohabiting partners, specific rules apply in the event of violence.

Roommates must:

  • either send the owner (or his representative) a notice (or leave) common (with all names and signatures), respecting formal requirements and time limits.
  • Either send each one a notice (or a holiday) individual to the owner (or his representative), respecting the formal requirements and time limits. In this case, the roommates must send all the notices (or leave) at the same time.

The owner (or his representative) may give notice (or leave) to roommates at the end of the lease, respecting formal and time-limit requirements.

  • If the lease contains a solidarity clause, the notice given by the owner (or his representative) to only one of the roommates applies to all the roommates.
  • If the lease does not contain this solidarity clause, the landlord (or his representative) must send his notice to each roommate.

The state of the places of departure must be done:

  • Or when all the roommates leave the house
  • Or when the last roommate leaves the apartment.

It must be done in the presence of all the roommates and the owner (or his representative).

It must be dated and signed by the owner (or his representative) and each of the roommates.

The owner (or his representative) returns the security deposit after all the roommates have left the house and handed him the keys to the house.

The time limit for repayment of security deposit varies depending on whether the exit inventory is in line with the entry inventory.

The landlord (or his representative) pays the security deposit to one of the roommates.

Individual lease

Each roommate must have a room with an area of at least 9 m2 and of a volume of not less than 20 m3 (common parts not taken into account).

The decent housing is evaluated by taking into account all the elements, equipment and rooms of the dwelling (and not just the room of which the tenant has private use).

Each roommate signs an independent lease with the owner.

Each lease must specify the room with which each roommate has private use, and the common areas made available to all roommates (kitchen, bathroom, living room...).

FYI  

The standard contract for an empty or furnished dwelling does not apply in the case of colocation to several rental contracts.

The landlord can adjust the duration of the lease, depending on the status of each roommate. For example, in furnished flats, a 9-month lease for one student and a one-year lease for each other roommate.

The owner may request payment of a security deposit upon entering the premises.

The roommate can request Loca-Pass advance to pay the security deposit.

To protect against the risk of unpaid bills, the landlord can ask that each roommate have a surety. A guarantor is a person or body that undertakes in writing (guarantee) to pay rent and rental charges where the tenant does not do so.

FYI  

From 3 roommates, each roommate can individually request the security of the Visal guarantee.

The roommates must ensure the rented accommodation in a roomful, at least against rental risks (fire, explosion, water damage).

Roommates can choose to to insure themselves collectively or individually.

The certificate of insurance must be provided to the owner every year. Otherwise, the landlord can terminate the lease.

Please note

The roommates and the landlord may agree in the lease that the insurance is taken out by the landlord on behalf of the roommates. Its cost (possibly increased) is refunded at each rent.

The roommate must make a inventory of entry points with the owner (or his representative).

The inventory must be dated and signed by this roommate and the owner (or his representative).

The rules vary depending on whether the municipality of the dwelling is in a stretched area.

To know if the municipality of the housing is in tense area, you can use this online service:

Whether a dwelling is located in a tense area (notice from the tenant and rent control)

Répondez aux questions successives et les réponses s’afficheront automatiquement

Stretched area

Each roommate must pay his share of the rent and any amount due (rental charges, rental repairs) to the owner (or his representative), as indicated in the lease he has signed.

FYI  

Each roommate under 30 can request a MOBILI-JEUNE AID for the payment of its share of rent and rental charges.

The rent of the whole dwelling must not exceed one maximum amount, in some cases. If so, the total of the shares paid by each roommate must not exceed this maximum amount.

Other Area

The landlord (or his representative) freely sets the rent of the dwelling.

Each roommate must pay his share of the rent and any amount due (rental charges, rental repairs) to the owner (or his representative), as indicated in the lease he has signed.

FYI  

Each roommate under 30 can request a MOBILI-JEUNE AID for the payment of its share of rent and rental charges.

The roommate (or his surety) shall pay its share of the rent and charges, as set out in the lease it has signed.

Owner (or representative) has 3 years to claim any unpaid rent or charges from the roommate who owes him.

For example, he can claim a rent or expense debt from July 2023, until July 2026.

Namely:

There are 2 types of security:

  • The simple deposit, which allows the landlord to use the surety only if the tenant is unable to pay his lease debts.
  • The joint and several guarantee, which allows the landlord to appeal directly to the guarantor from 1er unpaid, without even going through the tenant and therefore without even looking for the tenant to pay. In other words, it does not matter if the tenant cannot or will not pay the debt.

The type of security chosen by the owner is indicated in the guarantee document.

Each roommate can get a personal housing assistance (APL, ALS, ALF) for the portion of rent he pays, provided he meets the the following conditions:

  • He qualifies for this housing assistance
  • He makes an individual request to the Caf: titleContent or the MSA: titleContent
  • Housing is decent housing and it has a living space at least 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed.

Possibility of drafting a "co-location pact"

The roommates can decide together on a colocation agreement, a written document that describes how colocation works. It's not an obligation.

This document may include, but is not limited to:

  • List of common expenditure and its allocation (rent, rental charges, rental repairs ...)
  • Conditions of departure of one of the roommates (reimbursement of part of the security deposit by the roommates who remain ...)
  • Rules and regulations with, for example, the rules of use and maintenance of common parts or equipment (bathroom, refrigerator, etc.)

Ability to open a joint bank account

Roommates can open a joint account of colocation. It's not an obligation.

This joint account makes it easier to manage common expenditure. It must be opened by at least 2 roommates.

The joint account holders are in solidarity responsible. All joint holders must sign the opening and closing of the joint account.

The joint account can be converted to undivided accounts (separate accounts) in the following cases:

  • Or at the request of a single roommate (for example, when he leaves the accommodation)
  • Or at the request of all account holders (e.g. at the end of the rooming)

Each roommate may leave the accommodation by giving notice (or leave) to the owner (or his representative) for his private part. To do so, it must respect formal and time-limit requirements.

The roommates continue to roam with each other. The landlord (or his representative) can choose a new roommate, without having to obtain the agreement of the other roommates.

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.

The owner (or his representative) may give notice (his leave) at the end of the lease, provided that:

When the roommate leaves the dwelling, he must make a exit inventory with the owner (or his representative).

The roommate can recover his security deposit after having given the keys to the owner (or his representative).

The time limit for repayment of security deposit varies depending on whether the exit inventory is in line with the entry inventory.

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