If there is one thing you should not forget when moving into a new home, it is the rental agreement. Also known as a lease, this document is a formal written and signed agreement between the owner/landlord and the tenant(s).
In the particular case of a shared apartment, a certain number of questions may come up: does the lease have to be the same for all the roommates? If one of the roommates leaves, what does the lease attest of? Discover in this article all the answers to your questions about the lease in a shared apartment!
Lease definition and legislation
Many clauses surround a lease agreement. The lease contract lists all the rules, obligations, and rights associated with the two parties, the lessor and the lessee(s). The type of lease will be different if the accommodation is rented empty or furnished. The lease must be written in as many copies as there are parties (an original and copies).
As with any rental agreement, its content and application are governed by law. Some leases may be subject to the ALUR law, as is the case with French legislation for shared rentals. This is not the case at Colivys, but here are some of the requirements that you may be asked to respect when signing a shared lease:
- Roommates do not have to be married or in a civil union. However, they can be brothers, sisters, cousins, etc…
- A private space of 9m² minimum must be allocated to each of the roommates
- The incoming inventory of fixtures must be done in the presence of the landlord and the incoming tenant(s)
- The outgoing inventory of fixtures must be done with each of the roommates or all of them if they leave the rental at the same time
Finally, the lease must include the following information:
- Name, first name and address of the owner/lessor. In our case, Colivys being the main tenant, its name and head office are mentioned as well
- Name and first name of the tenant
- Effective date of the lease
- Duration of the lease
- Practical information about the accommodation, namely:
- Use of the accommodation (housing in the case of Colivys shared accommodation)
- Habitable surface of the accommodation
- Surface of the rented room
- Description of the accommodation (type of property – apartment or house, number of rooms, shared or private use, description of the rooms, etc.)
- If any work has been done beforehand, please indicate the nature and the amount
- Amount of the rent and payment terms (recurrence and nature of the payment)
- Amount of the last paid rent by the previous tenant
- Amount of the charges (in case of overvaluation, the terms of recovery can also be entered)
- Practical information about the accommodation, namely:
- Amount and terms of the security deposit
Length of notice (at Colivys, we are subject to the civil code lease, the length of notice is therefore free).
Three options for future roommates
Depending on the owner/landlord, the roommate lease agreement can be set up in different ways. You can opt for an individual lease assigned to each roommate, a unique lease for all roommates or a lease that places one of the roommates as main tenants. The other tenants are then considered subtenants.
A lease for each of the co-tenants
The individual lease is similar to a traditional lease, between the lessor and the tenant. This is what we have chosen at Colivys. The tacit conditions explained above (i.e. the absence of family ties between the lessor and the tenant) must be respected.
A single lease for all the co-tenants
This type of contract allows the landlord to place all the roommates on a single contract. All the tenants are obliged to sign this lease, otherwise their legal status in the eyes of the shared housing could change. Indeed, his/her status could go from co-tenant to simple occupant. His/Her rights as a roommate could then be cancelled.
It is also possible that the landlord includes a solidarity clause. In the case of unpaid rent or the departure of one of the roommates, the remaining roommates agree to pay the full rent.
A lease for the main tenant and the sub-tenants
With the landlord’s agreement, it is possible for the tenant to sublet the apartment. In this case, the co-tenants are not subject to the solidarity clauses mentioned above. Please note that in case of departure of the main tenant, the sub-tenants will automatically have to leave the accommodation.
The list of documents to be provided for flat sharing
- At Colivys, the future tenants/roommates/subtenants must send us a copy of their identity card or passport and a bank account number in order to constitute their file.
If the tenant is employed, he/she must provide us with:
- A proof of professional situation
- His last 3 pay slips
- His last tax notice
If the tenant is a student, he/she must provide us with a school certificate. If a third party vouches for him/her, he/she must provide the following supporting documents:
- A copy of the identity card
- Proof of employment status
- The last 3 pay slips
- The last tax notice
You are interested in our coliving offer but you haven’t found a guarantor yet? Don’t panic! Whether you are a French or foreign tenant, solutions exist and this is what GarantMe offers. GarantMe gives you access to renting by acting as a guarantor for you, while protecting the income of the owners. Don’t hesitate to contact us in order to benefit from a promotional code.
All your questions about the shared lease
If you share an apartment, you can receive one of the housing subsidies (APL, ALS, ALF) offered by the CAF. For this to happen, the accommodation must be the main residence of the tenant/co-tenant/sub-tenant. His/her name must appear on the lease contract and there must be no family relationship between the tenant and the landlord. According to all this and your income, the CAF will calculate your rights and the amount of the housing allowance that you can potentially receive.
At Colivys, we impose a minimum rental period of one month. The tenant/roommate is free to choose the time he/she wishes to occupy the room and the defined period must be written on the lease. The majority of our colivers stay on average 9 months in our accommodations.