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Advice from the owner ! Before renting out his roommate , the owner must take a few precautions. Choice of tenants, deposit, protection in the event of insolvency…
The choice of roommates
In the case of joint ownership, the owner can ask each of the joint tenants for supporting documents allowing him to verify his identity and solvency: identity document, bank account statement, employment contract, last three payslips, notice tax… On the other hand, it is forbidden to ask for certain documents: social security card, extract from the criminal record… All these documents are listed in article 22-2 of the law of July 6, 1989 on residential leases .
The roommate tenancy agreement is the same as a regular tenancy agreement, except that there are several names on the lease. The roommate agreement must include the name and address of all roommates, and be signed and initialed by the landlord and each roommate. An original of the contract must be issued to all signatory joint tenants, with an original for the owner.
Bail
Advice from the owner! There is insurance against unpaid rent that allows the owner to be compensated if his tenants do not pay the rent. If the lessor is insured against unpaid rent, he cannot require joint tenants to provide a third-party guarantee. Two exceptions: if the tenant is a student or apprentice, the landlord can combine the insurance against unpaid rents and the guarantee of a third party.
On the other hand, if the lessor is not insured against unpaid rent, he may require each co-tenant to provide a joint surety allowing a third party to stand as joint surety for one of the joint tenants. This contract of suretyship must be drawn up by hand by the guarantor. The 2nd paragraph of article 22-1 of the law of July 6, 1989 relating to the option of unilateral termination of the deposit must be reproduced by hand when the contract is concluded for an indefinite period. In the event of a dispute, the absence of these handwritten notes may result in the nullity of the guarantee.
Solidarity clause
In order to compensate for the non-payment of one or more joint tenants, the lessor may include in the lease contract a solidarity clause between the different joint tenants. This solidarity concerns the payment of rents and charges, as well as the obligations incumbent on joint tenants and the conditions of the lease contract. It must be expressly stipulated in the lease contract. This clause is very advantageous for the landlord since in the event of unpaid rent and charges or rental repairs, he can claim payment from the other roommates.
Société d’Avocats DAMY , Nice, Colocation: good to know for the owner, Update 2022
