Everyone knows how to share a flat, it’s a good way to divide the price of your rent and socialize. But legally, how does it work? In this article, as experts in furnished flatsharing, we present you the two types of leases that exist for colocation.
Flatsharing leases : two different contracts
The first step to becoming a flatmate is to sign a lease. Any person occupying the dwelling but not having signed the lease cannot be considered a flatmate, from the legal point of view.
There are two types of leases for shared apartments. On the one hand, the flatmates can sign a contract specific to each one of them, in this case, we speak of individual lease. On the other hand, if all the flatmates are appointed on the same contract, it is therefore a common lease.
Flatsharing leases: a common rental contract
How does it work?
In most flatshares, flatmates sign a common lease with a solidarity clause. This means that all flatmates sign the same single contract and that each is responsible for the payment of all sums due to the landlord (charges, rents, repairs).
Rent and charges
Rent and charges are shared equally among flatmates. In case one of them cannot pay their share of rent / charges, it is the other flatmates who will have to advance the money to the landlord. Moreover, if damage or deterioration is noted (even in one or more rooms) and no one wants to take responsibility for it, everyone is legally obliged to pay. Another problem is that when a flatmate leaves the flatshare, the rent will vary for all the others, so you will have to pay either the unpaid rent or find a new flatmate as soon as possible.
The owner is sensitive to ask for the guarantee of a third person who will act as joint guarantor of the payment of the imports due in the event of non-performance of the payment. The landlord has the right to ask for a deposit for each flatmate however he can also ask for a single deposit for all tenants. If he only asks for one guarantor, you will have to arrange to appoint a third party to act as guarantor.
The security deposit
The owner may also request a security deposit. If the property is rented unfurnished, it is limited to one month’s rent, otherwise it is set at two months maximum. This sum is paid on entering the premises. The problem with the common lease is that this amount is only returned when the last flatmate leaves the premises. There is no possibility to split the refund.
It is therefore, finally, a type of contract which presents more benefits for the owner than the tenants.
Flatsharing leases: one contract per flatmate
The landlord grants the signatory of the lease the exclusive right to use certain rooms, usually the room he will occupy. It also gives access to the common parts of the apartment (bathroom, WC, living room, kitchen etc.).
For their part, the tenant undertakes to pay the rent and charges indicated on the lease. Unlike the common lease, the lease term is not tied to other flatmates’ leases. The flatmates each having their own contract, they are not legally bound.
In short, you can leave the apartment whenever you wish, by informing your landlord in advance, of course, according to the duration of the notices in force.
The only disadvantage of this type of contract is its rarity. An individual lease involves much more risk for the property owner.
Chez Nestor: modern flatsharing with individual leases
You want to find and integrate a flat-sharing without paperwork or complications and with the possibility of an individual lease? It’s never been that simple! The right reflex is Chez Nestor.
Chez Nestor is a real estate company whose central mission is to provide a complete service and thus simplify life for all students and young working people looking for housing. Chez Nestor is doing its best to facilitate development in the new city by providing turnkey housing. This means that, in a Chez Nestor apartment, everything is included (home insurance, electricity, internet, washing machine, etc.).
By offering an individual lease, Chez Nestor eliminates all the inconveniences of sharing a flat with peers! Moreover our accommodations are furnished with care and taste! You’re not convinced? Take a look at our rooms!
If you wish to quickly and safely find a furnished flat in Lyon, Montpellier, Lille, Toulouse, Bordeaux or Paris, visit our website where you can book your room with an individual lease in less than 10 minutes!