The Bill ALUR which became law on July 6th, 1989 defined for the first time the notion of apartment share and provides that all the roommates are liable for the full rent and have solidarity obligations for the lease guaranty ( guarantors are solidarity liable) in case one of them leave.
What is an “apartment share” ?
The apartment share ,which has been defined by the “Loi ALUR”, is when you rent and share an apartment with several persons and that all the roommates entered into a lease agreement with the landlord”
This very broad definition includes that whenever a property is rented out to more than one person it is considered an apartment share, which means students, married couples, pacsed couples ( civil union) and unmarried couples living together (cohabitation) also fall within the scope of the provisions of this law. However, the “loi Macron” ( Macron Act) provides that married and pacsed couples living together will not be considered anymore as being roommates when entering into a lease agreement.
The law provides for a time limit of the solidarity between the roommates when sharing an apartment
The roommate who’s leaving will have to show solidarity towards the roommates :
- until the effective date of leave only if there’s a new roommate which enters into the lease agreement
- until the expiration date of a period of 6 months beyond the effective date of leave
The solidarity clauses in the lease cannot therefore provide that the roommate who’s leaving has solidarity obligations until the lease term.
The extent of the guarantor’s undertaking when sharing an apartment has been restricted
The solidarity between the guarantors ends when one of the roommates leaves. This may be surprising insofar as it is common thing for all roommates to be liable for lease guaranty when sharing an apartment.
It is prescribed by law that the guaranty agreement must mention the name of the roommate who’s leaving under penalty of nullity. A single guaranty agreement cannot be signed for several roommates. A guaranty agreement must be signed for each roommate to become the guarantor for several roommates.