The colocation lease contract is defined as a contract by which a person, the lessor, makes available to several people, the roommates, the enjoyment of a movable or immovable thing against remuneration, the rent. Most generally, the lease contract provides accommodation, which is why the article will focus on this hypothesis.
Signing of the lease contract
The essential principle of the roommate contract is the mandatory signature of each roommate; in the absence of signature of one of them, he will be considered as an occupant without title and will therefore not be able to benefit from any rights granted by the contract.
Signing the contract takes two forms: either it is individual, i.e. each tenant signs an independent lease, or it is joint, i.e. each tenant signs the same lease.
In the event of multiple leases, the co-tenants remain legally independent and no solidarity clause can be invoked against them. In addition, in the case of a joint lease, it is advisable to give a copy of the contract to each joint tenant.
It should be noted that the shared accommodation lease contract is eligible for social assistance from the Caisse d’Allocations Familiales (CAF).
The guarantors and the security deposit
Entry into the premises is subject to the appointment of guarantors; generally, the lessor asks for as many guarantors as there are tenants. The solidarity clause stipulates that all guarantors undertake to perform the obligation of all debtors in the event of default.
In addition, joint tenants are asked to deposit a guarantee, which is returned in full at the end of the contract, subject to any damage caused to the item.
Replacement of a roommate
Each roommate can terminate the contract that binds him to the lessor. Two situations should be considered:
- The roommates terminate the lease together: they must give notice of 3 months (unfurnished rental) or 1 month (furnished rental and specific situations) before taking leave. The forfeiture is made by registered letter with acknowledgment of receipt, knowing that in the event of joint departure, a single letter for all the roommates is sufficient.
- A single roommate terminates his contract: there is continuation of the contract between the other parties, the outgoing roommate sends his notice respecting the fixed notice. The other roommates are required to pay the full price of the rent, until the arrival of a new roommate. Note that the outgoing tenant cannot legally demand the return of his security deposit from the lessor since the contract continues; he will then have to make arrangements with the other roommates.
- The lessor is not obliged to accept the substitution of a new joint tenant; if, on the other hand, he accepts it, an amendment to the initial contract will be drawn up and appended.
Thus the real estate lease contract in colocation is a particularity of the lease contract where each tenant has rights up to his contribution to the remuneration of the owner.
Read also: 5 things to know before moving into a roommate