Does a roommate have to pay the debts after giving notice?

Verified 01 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

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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The situation is different depending on whether or not the lease contains a solidarity clause.

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.

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.

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Departmental Agency for Housing Information (Adil)

Law No. 89-462 of 6 July 1989 on rental relationships: article 8-1

FAQ

Tenant’s (or roommate’s) deposit in a private home
Service-Public.fr

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Does a roommate have to pay the debts after giving notice?

What applies to you ?

Lease with a solidarity clause

Lease without this clause

Who can help me?

FAQ

Recevoir la lettre de Service-Public.fr

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