Published on: 2 July 2023
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How many guarantors are needed for a flatshare?
As a tenant looking to join a shared accommodation, questions regarding guarantors and the guarantee act arise quickly. Indeed, how do you manage this when there are several roommates in the same housing? In this Studapart article, we will explain what a guarantee act is and what it implies from the beginning to the end of the shared accommodation. We will also detail the difference between an individual lease and a collective lease, as well as between a simple guarantee and a joint guarantee.
What is a guarantee act?
In the term "guarantee act," we find the word "guarantee," which means the assurance of a commitment. In the field of real estate rental, the guarantee act is simply a written document that commits a legal or natural person to pay a landlord in case of a tenant's default. For the landlord, having one or more guarantors is a real security that should not be neglected.
It should be noted that there are two types of guarantees: the simple guarantee and the joint guarantee. In the case of a simple guarantee, the landlord must question the tenant about their unpaid debt before turning to their guarantor. On the other hand, with a joint guarantee, the landlord can directly address the guarantor to claim the amounts owed.
Do all tenants need to have a guarantor?
Before even getting into the details, it should be noted that in a shared accommodation, each roommate can have a guarantor. However, there are two types of leases: the individual lease and the collective lease. We may then wonder what this implies in terms of guarantors. That's what we'll detail right now.
1. Individual lease and guarantor
As its name suggests, an individual lease means that each roommate has a separate, named lease. For you, this means that you will pay your rent according to your share in the housing. You can have your own guarantor(s), but a solidarity clause cannot be included. This implies that only your guarantor can step in if you cannot pay your rent. Therefore, you will not be able to benefit from the help of other guarantors linked to your roommates' leases.
2. Collective lease and guarantor
The collective lease, on the other hand, is signed by all roommates, without any allocation of housing shares. In this case, you can also have one or more guarantors per roommate. The solution of having a single guarantor for everyone is also possible. What you need to remember is that a joint and several guarantee is accepted in this situation. This means that your landlord has the right to demand payment of the entire rent and charges from a single guarantor. This provides optimal security in case of non-payment.
3. Summary comparison table
To get a clearer understanding of the different options in terms of leases and guarantees, here is a summary table:
What happens in the case of a roommate leaving?
Once engaged in a flatshare situation, you have the right to wonder what happens when one of the roommates leaves. To understand this, it is important to distinguish between the two types of leases: individual lease and joint lease.
1. Individual lease and end of contract
In the case of an individual lease, the actions of each roommate do not have consequences for the others. When a roommate leaves, they terminate their contract with a notice letter after respecting their notice period. This is one month for a furnished accommodation and three months for an unfurnished accommodation. Once they leave, the payment of their rent and charges stops without affecting the contracts and payments of the others. Subsequently, the landlord can select a new roommate without the consent of the remaining tenants.
2. Joint lease and end of contract
In the case of a joint lease with a solidarity clause, the departure process can be a bit more complex. However, the procedure remains the same, which is to send a notice letter to the landlord one month before departure for a furnished accommodation and three months before for an unfurnished accommodation. Since the ALUR law of March 27, 2014, the solidarity clause, which binds roommates together, remains effective up to 6 months after a roommate's departure. This means that as long as a new roommate is not found to replace you, both you and your guarantor will have to continue paying the rent and charges.