Flatshare: joint vs individual lease tenants in France
In a flatshare, choosing between a joint lease or individual leases directly affects your rights and obligations as a tenant in France. This article simply explains what each option involves: responsibility for rent payment, allocation of the security deposit, steps in case of repairs or disputes, and notice rules. You will find practical examples, the main protections provided by the 1989 law[1] and its reforms, and the steps to follow if a disagreement arises, including referring the matter to the judicial court or the departmental conciliation commission. The aim is to help you, tenant, make an informed decision and know your remedies if a problem occurs.
Joint lease vs individual leases: principles
The joint lease (or common contract) ties all flatmates to the same agreement. The landlord signs with the whole group and each tenant is generally jointly liable for rent payment. The individual leases, by contrast, bind each tenant separately to the landlord: financial responsibility and notices are individualized.
Advantages and disadvantages of a joint lease
- Joint liability for rent payment (rent): each tenant can be held responsible for the full amount.
- Single management of the security deposit (deposit): the lease specifies the sum and its refund.
- Risk of collective eviction in case of arrears (eviction): a procedure can affect all occupants.
Advantages and disadvantages of individual leases
- Responsibility limited to each tenant for their own rent (rent): less impact if one tenant leaves or does not pay.
- Clarity on inventory and deposit: each tenant has a distinct commitment (deposit).
- Increased administrative complexity for the landlord in case of repairs or tenant replacements (eviction).
Practically, the 1989 law frames lease duration, the security deposit, repair obligations and notice rules. The contract and the inventory must be precise to avoid conflicts, and annexes can specify the distribution of charges or the use of common areas.[2]
What to do in case of a problem (arrears, repairs, departure)?
If a flatmate fails to pay or if a dwelling becomes uninhabitable, start by discussing with the landlord and the flatmates. Document everything (photos, written exchanges, receipts) and send formal requests if needed. In case of a health emergency or failure to carry out major repairs, you can contact the landlord by registered letter and, if the issue remains unresolved, the departmental conciliation commission or the judicial court can be contacted.
FAQ
- Who pays the rent if a flatmate leaves under a joint lease?
- With a joint lease, all tenants remain jointly liable for rent payment to the landlord, even if one of them leaves.
- How is the security deposit returned in a flatshare?
- Return depends on the exit inventory and written agreements: under a joint lease the amount is global; under individual leases it can be returned separately depending on each tenant's commitment.
- Where can I find an official model contract and information?
- The model contract and practical guides are available on the official Service-public website and on Legifrance for the legal text.
How to
- Check the lease precisely and note who is responsible for what (notice).
- Keep evidence and documents: receipts, written exchanges and photos (evidence).
- Contact the landlord to request repairs or clarify charge distribution (contact).
- If no amicable agreement is found, refer the matter to the departmental conciliation commission then to the judicial court if necessary (eviction).
Key takeaways
- A joint lease means joint liability for rent.
- Individual leases isolate financial responsibility.
- Document everything to simplify conciliation or legal steps.
