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Colocation: what are the rules?

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

A roommate 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 the roommates, or as many leases as there are roommates. In both cases, the colocation obeys specific rules. The rental of a dwelling by a single couple placed at the time of the signature of the lease or by a single married couple is not a joint-stock.

Single lease

The signature of a lease is required.

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

Please note

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

On entering the premises, a entry location status must be carried out in the presence of all roommates and the owner.

The inventory must be dated and signed:

  • by each roommate
  • and by the owner

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

FYI  

the security deposit shall be returned by the owner to the last roommate who leaves the premises after having given him the keys (unless otherwise specified in the lease).

To protect against the risk of unpaid taxes, the owner may require a deposit.. A guarantor is a person (or organization) who commits in writing (bond) to pay the rent and charges to the owner in case of unpaid amounts.

The owner can ask for either of these formulas!

  • Every roommate has a deposit.
    The deed of guarantee must indicate the roommate who has the guarantee of the deposit. The scope of the guarantor's undertaking varies depending on whether a solidarity clause is or is not included in the ball.
  • A deposit is required for several roommates.
    The deed of guarantee must indicate the roommate whose departure from the dwelling will terminate the commitment of the surety.

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

  • Or in the form of provisions for expenses, with annual adjustment
  • In the form of a lump sum to be paid simultaneously to the rent

Payment by provisions

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

Provisions and supporting documents

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

  • prior results of the previous charge adjustment
  • or, if the dwelling is located in a condominium, from the estimated budget.

Annual regularization and supporting documents

The charges must be adjusted at least 1 time per year by comparing:

  • the total provisions already requested by the owner to the tenant
  • with the actual expenditure incurred by the owner during the year.

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

One month before the annual adjustment, the landlord must communicate to the tenant the following information:

  • Rental charges by type of charges (electricity, hot water, cold water, elevator...)
  • Distribution between tenants if the unit is located in a collective building
  • Information note on the calculation of heating and hot water production

On request of the tenant, the owner transmits the summary of the expenses of the accommodation, by mail or mail.

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

If charges have not been adjusted before the end of calendar year depending on the year in which they are due, the tenant may require payment in installments over 12 months.

Package Payment

The amount of the package must be recorded in the lease. It cannot be manifestly disproportionate in view of the amount of charges applied to the previous tenant.

The package cannot be supplemented or subsequently adjusted.

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

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

In the course of a lease, tenants must pay the landlord the rent and the rental expenses.

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

In the presence of a solidarity clause

Implications of unpaid assessments

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

Consequences in case of the departure of one of the housemates

When one of the roommates gives notice to the owner to leave the dwelling, the roommate continues with the remaining roommates.

The departing roommate and his deposit remain engaged by the solidarity clause during the 6 months following his departure from the dwelling. This period may be reduced by the registration of a new roommate in the lease.

Lack of solidarity clause

Implications of unpaid assessments

Each roommate (and his deposit) is liable only for the payment of his share of the rent and rental charges due to the owner.

Consequences in case of the departure of one of the housemates

When one of the roommates gives notice to the owner to leave the dwelling, the roommate continues with the remaining roommates.

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

The housemates must ensure the rented accommodation in shared housing, at least against the risks of renting (fire, explosion, water damage).

Roommates can choose to collectively or individually..

The insurance certificate must be provided to the owner each year. Otherwise, the landlord may terminate the lease.

Please note

the roommates and the owner may agree in the lease that the insurance is underwritten by the owner on behalf of the roommates. Its cost (possibly increased) is reimbursed at each rent.

Each roommate can get a housing assistance for the part of rent that he is liable for, if he meets the conditions to be entitled to it.

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

The share will be liable for residential tax if the accommodation is rented on 1to January. The housing tax is due in November or December.

The tax is in the name of one of the roommates.

Possibility of drafting a "co-location pact"

The housemates can decide together on a cohabitation agreement, a written document that describes the operation of the colocation. It's not an obligation.

This document may include:

  • List of common expenditure and its allocation (rent, rental charges, rental repairs, housing tax, television levy, ...)
  • Conditions of departure of one of the housemates (reimbursement of part of the security deposit by the remaining housemates, ...)
  • Internal regulations, with for example the rules of use and maintenance of common parts or equipment (bathroom, refrigerator, ...)

Possibility to open a bank account

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

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

Joint holders shall be jointly and severally liable for the account. The opening and closing of the account must be signed by all co-holders.

The attached account can be transformed into undivided account (separate accounts) at the request of a single roommate (when leaving for example).

The attached account can be transformed into undivided account (separate accounts) at the request of all account holders (e.g. at the end of the colocation).

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

The roommate continues with the roommates remaining in the house. Accordingly:

  • The departing tenant cannot ask the owner 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 roommate leaving (and his deposit) remains in solidarity with the other tenants 6 months after his departure, unless a new roommate joins the roommate and signs the lease within this period.

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

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

In case of solidarity clause included in the lease, the leave granted by the owner to only one of the roommates shall apply to all roommates.

In the absence of solidarity clause, the owner must address his leave to each roommate.

The state of exit places is done:

  • when all the housemates leave the dwelling.
  • or when the last roommate leaves the house.

The owner shall return the security deposit when all the housemates left the house and after the keys to the house have been handed to him.

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

One lease per roommate

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 co-location with several rental contracts.

Each lease agreement must specify:

  • the room of the dwelling of which each roommate has exclusive enjoyment,
  • the common areas available to all roommates (kitchen, bathroom, living room, etc.).

Each roommate must have a surface of at least 9 m2 and of a volume not less than 20 m1 (common rooms not included).

Please note

the decent or non-decent housing be assessed by taking into account all the elements, equipment and parts of the dwelling (and not only the part of the dwelling of which the tenant has exclusive enjoyment).

The landlord can adjust the duration of the contract according to the status of each tenant. For example, in furnished roommates, a lease may 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 the young person (salaried, in contract of work, in contract of employment or in paid internship) to find shared accommodation ..

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 owed to the owner (rental charges, rental repairs) as specified in its lease agreement.

Here is the complete list of recoverable charges:

Building worker (not housed on site) or caretaker/concierge (resident on site)

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Real estate employee

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

However, certain expenses are not part of the recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and premiums
  • Termination allowances
  • Contribution to a mutual taken over by the employer or by the works council
  • Employer participation in the works council
  • Employer participation in the construction effort
  • Contribution to occupational health

Guardian or Concierge (with Executive Accommodation)

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

  • 75% of their amount, if the guard is responsible for cleaning the common areas and pulls out the containers of rubbish,
  • 40 % of their amount, if he performs only one of these 2 tasks.

However, certain expenses are not part of the recoverable expenses:

  • Salary in kind
  • Interest and profit-sharing
  • Retirement allowances and premiums
  • Termination allowances
  • Contribution to a mutual taken over by the employer or by the works council
  • Employer participation in the works council
  • Employer participation in the construction effort
  • Contribution to occupational health
Lifts and freight elevators

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

  • Electricity,
  • Operation of the apparatus (periodic inspection, cleaning, semi-annual examination of the cables, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils required, cabin lighting lamps)
  • Minor repairs of the cabin (change of push buttons, door knobs), bearings (firm mechanical, electric or pneumatic doors) and fuses
Cold water, hot water and collective heating

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

  • Cold and hot water for all occupants
  • Water required for the servicing of common areas, including the sewage treatment plant
  • Water required for the routine maintenance of outdoor spaces
  • Products required for water operation, maintenance and treatment
  • Supply of energy of any kind
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Repair of leaks on joints
Individual installations

With regard to individual installations, the costs still to be borne by the tenant include:

  • Heating and hot water production
  • Distribution of water in the private parts (control of connections, flow and temperature control, troubleshooting, replacement of bulkhead joints of water tanks)
Internal common areas

The expenses remaining to be borne by the tenant in the common areas of the building shall relate in particular to the following:

  • Electricity
  • Provision of cleaning products (brooms and bags necessary for waste disposal) and disinsection and disinfection products
  • Maintenance of timer, carpets, garbage
  • Repair of cleaning equipment such as vacuum cleaner
  • Maintenance personnel costs
Outdoor spaces

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

  • Traffic lanes
  • Parking areas
  • Green areas
  • Children's play facilities
Fees and charges

The costs to be borne by the tenant include:

To protect against the risk of unpaid bills, the owner can request that each roommate have a deposit.. A guarantor is a person or organization who undertakes to provide a written undertaking (bond) to pay the rent and rental charges when the tenant does not do so.

The guarantor shall be bound by the rent and the charges to which the roommate indicated in the deed of guarantee is liable:

  • for the period specified in the bond
  • or until the expiration of the notice given by the roommate if the latter gives leave to the owner

The housemates must ensure the rented accommodation in shared housing, at least against the risks of renting (fire, explosion, water damage).

Roommates can choose to collectively or individually..

The insurance certificate must be provided to the owner each year. Otherwise, the owner may terminate the lease.

Please note

the roommates and the owner may agree in the lease that the insurance is underwritten by the owner on behalf of the roommates. Its cost (possibly increased) is reimbursed at each rent.

Each roommate can get a housing assistance for the part of rent that he is liable for, if he meets the conditions to be entitled to it.

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

The share will be liable for residential tax if the accommodation is rented on 1to January.

The tax is in the name of one of the roommates.

The housing tax is due in November or December.

Possibility of drafting a "co-location pact"

The housemates can decide together on a cohabitation agreement, a written document that describes the operation of the colocation. It's not an obligation.

This document may include:

  • the list of common expenditure and its method of allocation (housing tax, television levy, ...)
  • an internal regulation, with for example the rules of use and maintenance of common parts or equipment (bathroom, refrigerator, ...)

Possibility to open a bank account

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

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

Joint holders shall be jointly and severally liable for the account. The opening and closing of the account must be signed by all co-holders.

The attached account can be transformed into undivided account (separate accounts) at the request of a single roommate (when leaving for example).

The attached account can be transformed into undivided account (separate accounts) at the request of all account holders (e.g. at the end of the colocation).

Each roommate may leave the dwelling by giving notice (or leave) to the owner for his private part. He must respect formal requirements and time limits..

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 owner can choose a new roommate without having to get the agreement of the other roommates.

Owner must:

FAQ

HOW TO ?