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Roommate instructions! Before sharing, it is recommended to take certain precautions. How to protect yourself well vis-à-vis the landlord and other tenants?
Check if there is a solidarity clause
Roommate instructions! Before signing the lease, the joint tenants must check whether or not the contract contains a solidarity clause: this obliges all the joint tenants to show solidarity with each other with regard to the landlord for the full amount of the rent, charges and obligations of the lease. Indeed, in the event of the insolvency of one or more co-tenants, it would be up to the co-tenant(s) to bear all of the rent and the obligations of the lease. The solidarity clause is not mandatory and must result from a special mention in the lease contract. It is always possible to negotiate with the lessor before signing the contract to have it removed.
Prioritize multi-risk home insurance
A joint tenant must be insured vis-à-vis the landlord and the other joint tenants. In the context of a joint tenancy, it is preferable to use multi-risk home insurance which includes cover for rental risks (fire, explosion, water damage, etc.) and also a guarantee against damage caused to third parties (if, for example, we break an object belonging to another roommate).
The inventory of fixtures at the entrance and at the exit
A roommate must be very vigilant about the inventory of fixtures when entering and leaving the accommodation. Indeed, the damage is often more numerous in shared accommodation. It is therefore strongly recommended that all roommates be present during the inventory.
The inventory of fixtures of entry makes it possible to note the state of the accommodation and its equipment. As for the inventory of fixtures, it makes it possible to check in what state of maintenance and repair the apartment is returned to the owner. The inventory of fixtures makes it possible to prevent the owner from claiming repairs from one or all of the co-tenants that he should not bear or that a co-tenant makes another co-tenant pay for damages which he does not have to pay. is not responsible. When returning the security deposit, each roommate must recover their share, i.e. the amount they paid when signing the contract. To do this, you can, for example, keep a photocopy of the check.
If you leave the roommate
If a roommate leaves the accommodation, he must notify the owner by registered letter with acknowledgment of receipt three months before his departure. He has no obligation to provide information vis-à-vis the other co-tenants. If there is a solidarity clause, the other roommates must pay the part of the rent of the roommate who left. Even without the presence of this clause, the landlord is entitled to claim the full rent from the remaining roommates. Prompt replacement of the tenant is therefore highly recommended!
DAMY law firm , Nice, Colocation: good to know, update 2022
