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Colocation: what are the rules?

Verified 06 May 2020 - Directorate for Legal and Administrative Information (Prime Minister)

A flatshare is the rental by several tenants (roommates) of the same dwelling becoming their principal residence. It can take the form of a single lease signed by all roommates, or as many rental contracts as there are roommates. In the 2 cases, the colocation follows specific rules.

FYI  

The rental of a dwelling to a single couple, married or placed at the time of signing the lease, is not a colocation.

Single lease

The signature of a lease is mandatory.

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

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

The accommodation must have a minimum surface of 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed.

Warning  

departmental health regulations may impose more restrictive conditions.

To qualify for theAPL: titleContent, the dwelling must have a minimum surface area of 16 m² for 2 roommates. For each additional roommate, an additional 9 m² is needed.

Please note

if one of the tenants does not sign the lease, he is not considered to be a roommate. He is a private occupant and has no right to housing, even though he pays part of the rent.

Upon entering the premises, a inventory of entry points must be carried out in the presence of all the roommates and the owner.

The inventory must be dated and signed:

  • by each of the roommates
  • and by the owner

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

FYI  

the security deposit is returned by the landlord to the last roommate who leaves the premises after having given him the keys (unless specified in the lease).

To protect against the risk of unpaid, the owner 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 can ask for either of these formulas!

  • Every roommate gets a deposit.
    The guarantee 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 prom.
  • A deposit is required for several roommates.
    The deposit must indicate the roommate whose departure from the dwelling will terminate the commitment of the guarantor.

The rental charges shall be paid to the owner in the form indicated in the lease:

  • Either in the form of provisions for expenses, with annual adjustment
  • Or in the form of a flat-rate payment to be paid simultaneously to the rent

Payment by provisions

The amount of charges recovered by the owner must be justified.

Provisions and supporting documents

The provisions for monthly charges shall be fixed on the basis of:

  • previous results agreed upon during the previous regularization of charges
  • or, if the dwelling is situated in a condominium, the estimated budget.

Annual regularization and supporting documents

The charges shall be adjusted at least once a year by comparing:

  • the total of the provisions already requested by the landlord from the tenant
  • with the actual expenses incurred by the owner during the year.

If the provisions exceed the actual expenses, the landlord must repay the overpayment to the tenant. Otherwise, the owner requests an add-in.

One month before the annual regularization, the landlord must provide the tenant with the following information:

  • Counting of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • Method of distribution among tenants if the dwelling is located in a collective building
  • Information note on the calculation method for heating and hot water production

At the request of the tenant, the owner sends the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the dispatch of the statement, the landlord must keep at the disposal of the tenant all the supporting documents.

FYI  

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

Late regularization

The landlord can claim for 3 years the payment of charges or rents, including after the final departure of the tenant from the accommodation.

For example, charges from July 2021 can be claimed by the owner until July 2024.

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 it is unfair, brutal and consequential to a fault of the landlord 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 depending on the year in which they become due, the tenant may demand payment over 12 months.

To do this, he must send a letter to the owner 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

Payment in lump sum

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

The package may not be supplemented or subsequently adjusted.

Its amount may be revised each year under the same conditions as the main rent.

His payment is made at the same time as the rent. The periodicity is provided for in the lease.

During the lease, tenants must pay the landlord rent and rental charges.

To protect against the risk of unpaid debts, the owner can insert a solidarity clause in the lease.

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In the presence of a solidarity clause

Consequences in case of unpaid payments

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

Consequences if one of the roommates leaves

When one of the roommates gives notice to the landlord to leave the accommodation, the roommate continues with the remaining roommates.

The departing roommate and his surety remain bound by the solidarity clause for 6 months after leaving the accommodation. This period may be reduced by the inclusion of a new roommate in the lease.

Absence of solidarity clause

Consequences in case of unpaid payments

Each roommate (and his surety) shall be liable only for payment of its share of the rent and rental charges due to the owner.

Consequences if one of the roommates leaves

When one of the roommates gives notice to the landlord to leave the accommodation, the roommate continues with the remaining roommates.

The departing roommate and his surety shall be released from payment of rents and charges at the end of the period of notice. This period may be reduced by the inclusion of a new roommate in the lease.

The landlord can claim for 3 years any outstanding charges or rent owed to him.

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

For example, a rent (or expense) debt from July 2021 can be claimed until July 2024.

FYI  

if the landlord has not reviewed the rent on the date specified in the lease, he can do so within one year only.

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.

Each roommate can get a housing aid for the portion of the rent owing, if the person qualifies for it.

Each roommate must make his own request to the Caf: titleContent or the MSA: titleContent.

To qualify for theAPL: titleContent, the dwelling must have a minimum surface area of 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, housing tax, television fee, ...)
  • 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.

It facilitates the management of common expenditure. It must be opened by at least 2 roommates.

The joint holders are jointly and severally liable for the account. The opening and closing of the account must be signed by all joint holders.

The joint account can be converted to undivided account (separate accounts) at the request of a single roommate (for example when he leaves).

The joint account can be converted to undivided account (separate accounts) at the request of all account holders (e.g. at the end of the co-location).

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

The roommates who remained in the dwelling continue to be housed. As a result:

  • The departing tenant cannot ask the landlord to return his share of the security deposit. He can only go to his roommates to find an amicable solution.
  • If the lease contains a solidarity clause, the departing roommate (and his surety) remains in solidarity with the other tenants 6 months after their departure, unless a new roommate joins the roommate and signs an amendment to the lease within this period.

  • They may also send notice (or leave) individual by roommate, respecting the formal requirements and time limits. In this case, it is necessary to send all the mail at the same time.

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

In case of solidarity clause inserted in the lease, the leave addressed by the owner to only one of the roommates applies to all the roommates.

In the absence of solidarity clause, the landlord must address his or her leave to each roommate.

The state of the places of departure is done:

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

Owner returns the security deposit when all the roommates left the house and after the keys to the house were handed to him.

The landlord pays the security deposit to one of the roommates.

Multiple

Each roommate signs an independent lease with the owner.

FYI  

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

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

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).

Please note

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).

The landlord can adjust the duration of the contract according to the status of each tenant. For example, in furnished flats, a lease can be concluded for a period of 9 months for students and for a period of 1 year for roommates who do not have this status.

FYI  

Housing action can help young people (employees, on work-linked contracts, on a professional contract or in paid internships) to finding a home for a roommate.

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

Each roommate must pay his share of the rent and any amount due to the landlord (rental charges, rental repairs) as indicated in its lease agreement.

Here is the full list of recoverable charges:

Real estate employee (not housed on site) or caretaker/concierge (resident on site)

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Real Estate Employee

The salary paid to the building employee, and the related social security and tax charges, are fully recoverable (100%) by the owner.

But some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine

Caretaker or janitor (with an official accommodation)

The wages paid to the caretaker and the related social and tax charges are recoverable by the owner to:

  • 75% of their amount, if the caretaker ensures the cleaning of the common areas and takes the containers out of the garbage,
  • 40% of their amount, if it performs only one of these two tasks.

However, some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine
Elevators and lifts

Some expenses related to the elevator can be passed on to the tenant. In particular:

  • Electrical
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
  • Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses

FYI  

The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.

Cold water, hot water and district heating

Some expenses related to water and heating are recoverable from the tenant, including:

  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas, including the treatment plant
  • Water required for routine maintenance of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy whatever its nature
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Seal Leak Repair
Individual installations

With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:

  • Heating and hot water production
  • Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing)
Internal common areas

The expenses remaining to be borne by the tenant in the common parts of the building concern in particular those concerning the following elements:

  • Electrical
  • Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
  • Maintenance of timer, carpets, garbage empties
  • Repair of cleaners such as vacuum cleaners
  • Maintenance personnel costs
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Taxiways
  • Parking areas
  • Approaches to green spaces
  • Children's playground equipment
Taxes and fees

The remaining expenses to be borne by the tenant include:

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.

The security shall be posted within the limits of the rent and charges payable by the roommate indicated in the guarantee document:

  • for the period indicated in the guarantee
  • or until the expiration of the notice of the roommate if the latter gives the owner leave

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 owner 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. Its cost (possibly increased) is refunded at each rent.

Each roommate can get a housing aid for the portion of the rent owing, if the person qualifies for it.

Each roommate must make his own request to the Caf: titleContent or the MSA: titleContent.

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 contain, in particular:

  • the list of common expenditure and its method of distribution (housing tax, television fee, etc.)
  • rules and regulations a method, for example with 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.

It facilitates the management of common expenditure. It must be opened by at least 2 roommates.

The joint holders are jointly and severally liable for the account. The opening and closing of the account must be signed by all joint holders.

The joint account can be converted to undivided account (separate accounts) at the request of a single roommate (for example when he leaves).

The joint account can be converted to undivided account (separate accounts) at the request of all account holders (e.g. at the end of the co-location).

Each roommate may leave the accommodation by giving notice (or leave) to the owner for his private part. It must respect formal and time-limit requirements.

After handing over the keys to the owner, the departing roommate can request the return of his security deposit.

The roommate continues with the remaining roommates and the landlord can choose a new roommate, without having to obtain the agreement of the other roommates.

The owner must: