Flatsharing in France: joint lease, liability, housing aid

Single lease or individual leases: what changes

A couple who are married or in a PACS (civil partnership) at the time of signature are not in a flatshare (service-public.gouv.fr; ANIL).

Source: service-public.gouv.fr (sheet F34661).

Minimum floor areas. Under a single lease, the home must have at least one main room of 9 m² with 2.20 m ceiling height, or of 20 m³. Under individual leases, each bedroom must measure at least 9 m² and 20 m³, not counting shared rooms (service-public.gouv.fr).

Flexible terms. With individual furnished leases, the landlord can for example sign 9 months with a student and 1 year with the others (service-public.gouv.fr).

A person who has not signed is not a flatmate: they have no rights over the home, even if they pay part of the rent (service-public.gouv.fr).

The joint liability clause and when it ends

Without a joint liability clause, each flatmate and their guarantor owe only their share. With the clause, each undertakes to pay the others’ share if they do not pay it (service-public.gouv.fr).

When is the departing flatmate released? Article 8-1, VI of the 1989 Law provides that their joint liability, and that of their guarantor, ends on the date their notice takes effect when a new flatmate is named on the lease; failing that, it ends at the latest 6 months after the date the notice takes effect (Légifrance). Service-public.gouv.fr puts it this way: the obligation lasts either for the 6 months following the end of the notice period, or until the end of the notice period if a replacement arrives during it.

Example. A flatmate in a furnished let gives 1 month’s notice (1989 Law, art. 25-8), received on 5 March: their notice period ends on 5 April. With no replacement named on the lease, they can be called on to pay another flatmate’s unpaid share until 5 October.

Guarantor. The guarantee deed must identify the flatmate being guaranteed, or it is void (art. 8-1). If a single guarantor stands for everyone, the deed states which flatmate’s departure ends their commitment (service-public.gouv.fr).

Time limit for claims. The landlord has 3 years to claim unpaid rent or charges: a debt from October 2026 can be claimed until October 2029 (service-public.gouv.fr).

Notice and a flatmate’s departure

The departing flatmate gives notice to the landlord in the usual form and within the usual periods: 3 months for an unfurnished let (1 month in the cases provided for by law, including zones tendues, areas of high housing demand), 1 month for a furnished let (service-public.gouv.fr, sheets F1165 and F1168). They cannot ask the landlord for their share of the security deposit: they settle it with those who remain or with their replacement (service-public.gouv.fr; ANIL).

If everyone leaves, they send a joint notice signed by all or individual notices sent at the same time. On the landlord’s side, with a joint liability clause, notice addressed to just one flatmate applies to all; without it, it must be addressed to each one (service-public.gouv.fr).

Home insurance in a flatshare

Each flatmate must be covered, at a minimum, against fire, explosion and water damage, under an individual policy or a joint one. If one flatmate takes out cover for everyone, all must be named on the policy: anyone not named is not compensated (service-public.gouv.fr, sheet F21478).

The certificate is given to the landlord on moving in and then every year. Failing that, after a formal notice that has gone unheeded for 1 month, the landlord can insure the home on the flatmates’ behalf and add to the rent 1/12th of the annual premium, increased by up to 10%; this insurance covers only tenant’s liability risks (service-public.gouv.fr). The lease can also provide for this insurance on their behalf from the outset, which the flatmates retain the right to cancel (art. 8-1, IV).

In the event of a claim, it must be reported within 2 working days for theft and 5 working days for fire or water damage (service-public.gouv.fr).

APL and other aid for each flatmate

Each flatmate can obtain the APL, ALS or ALF (housing benefits) for the share of rent they pay, through an individual application to the Caf or the MSA (benefit offices), if the home is decent and measures at least 16 m² for 2, plus 9 m² per additional flatmate, up to 78 m² for 8 or more people (service-public.gouv.fr). Flatmates under 30 can apply for the Mobili-Jeune aid; each can request the Loca-Pass advance for their share of the security deposit. The Visale guarantee is open to one flatmate on behalf of both under a single lease for 2, and individually from 3 flatmates on individual leases (service-public.gouv.fr).

Which professional to consult

An agent immobilier (estate agent) who manages lettings drafts a flatshare lease that follows the regulatory template, the amendment when a flatmate leaves and the guarantee deeds. To find out the exact living area, on which the APL thresholds depend, have it measured by a diagnostiqueur (property surveyor). In a dispute over a joint liability clause, the ADIL (departmental housing information agency) for your département will advise you free of charge.