Section actions
Duration: Audit of the lease — 20 min; drafting of the pact — 1 at 2 hours
Cost: Free ADIL; Free Visa
On-site only
Who this guide is for
Section actions
- Those who come in or prepare for a rental
- Roommates whose neighbour plans to leave or delay their rent
- Benders wishing to understand the obligations related to the solidarity clause
To be prepared in advance
Section actions
- The lease, to verify the presence and formulation of the solidarity clause
- List of roommates and possible guarantor
- An internal rental agreement, if it has been drafted
Step-by-step procedure
Section actions
- 1Find the solidarity clause in the lease. It means: each occupant is responsible for the TOTALITY of rent and expenses, not only on his/her part. If a roommate does not pay, the landlord may charge the full sum of any of you.
- 2Understand the duration of solidarity. Before the ELAN (2018) law, it ran until the end of the lease — risky. Since 2018, in a non-furnished lease, solidarity ceases 6 months after the departure of a replaced roommate.
- 3At the departure of a roommate, check the procedure: he must give his notice, and you must agree with the landlord of a replacement. As long as the new one has not signed, the solidarity of the leaving party continues within the limits of the duration.
- 4Agree in writing on an internal co-location agreement: allocation of rent, charges, from deposit to departure. This does not remove the clause in front of the landlord, but clarifies the accounts between roommates.
- 5Check Visale: You can get Visale for each occupant in a co-location, which reduces the risk of the landlord and facilitates the replacement.
- 6If a roommate no longer pays, send him a written notice and, without result, discuss the replacement with the lessor. Don't let it happen: in solidarity, debt falls on others.
Common mistakes
Section actions
- To believe that one pays "only his share". With the solidarity clause, the lessor claims the entire sum from anyone.
- Do not write a written co-location pact — accounts between roommates become blurred.
- Letting a roommate leave without organizing replacement — solidarity can continue.
- Ignore the ELAN ceiling of 6 months in non-furnished and stick to the old rules.
Official sources
Section actions
Show sources in this section
Important remark
The rules of co-location and solidarity clause differ between furnished and unfurnished. This information is indicative — for your lease, consult ADIL (free) or a professional.
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