Colocation is often a transitory period. Very popular with students and young adults - who cannot always justify a stable income - it allows several people to share the common costs by living under the same roof. This human experience is not always easy to manage on a daily basis, however, and some people choose to end it after a few months. When leaving the accommodation, each roommate has duties towards the landlord and the other inhabitants of the house, but also rights: Romain Bertrand, real estate agent at Orpi Boissy St Léger explains what are the steps to follow.
What are the duties of the roommate when he leaves a dwelling during the lease?
R. Bertrand: All the duties of the tenants are stipulated in the law N ° 89-462 of July 6, 1989. However, the main step to retain for the outgoing tenant is to find a replacement, in which case he is required to pay the rent even if he no longer lives in the accommodation.
Is the inventory mandatory when an individual leaves a shared accommodation?
No, it is not compulsory for a single-contract roommate, unless all the roommates are leaving the accommodation at the same time. However, it must be done in the case of a shared tenancy, that is to say if a new lease is drawn up following the departure of one of the tenants. You should know that it is very rare, not to say impossible, that no anomaly appears during the delivery of the keys, even for a new accommodation. I therefore advise people who leave a shared apartment to draw up an inventory on the day of their departure with the remaining tenants, in order to avoid any dispute thereafter. By leaving the premises without notice, they take the risk that between their departure and that of the last roommate, the accommodation will be damaged, leading to the landlord's refusal to return the deposit.
What is the legal notice?
Since August 1, 2015, the notice date has changed from 3 months to 1 month. Macron law stipulates that a registered letter must be sent to the owner one month before the date of exit.
What are the conditions required to recover the deposit upon departure?
If during the move-in, the roommates have split the security deposit in equal parts, and if the replacement tenant deposits a new deposit of equivalent value, the outgoing tenant can recover his share of the security deposit on the day of his departure . If these two conditions are not met, the tenant does not recover his deposit until all the other roommates leave the premises.
What is the solidarity clause?
The solidarity clause is a guarantee for the lessor to recover their entire rent each month. This clause, which is present in almost all colocation contracts, stipulates that there is solidarity on the part of debtors: in the event of default, the lessor may turn against any of the roommates to claim his of. I recommend great caution to tenants who leave a shared accommodation during the lease because this clause is still valid 6 months after their date of departure. The landlord is therefore entitled to claim unpaid rents from them even if they no longer live there, hence the interest in choosing their roommates well at the start!