How to leave a flatshare?

A flatshare can end for several reasons: the end of studies, a change in professional or family situation.

 

The end of a flatshare contract must follow a certain number of steps which vary according to the type of flatshare contract and the number of roommates who leave the accommodation.

 

Studapart has gathered all the necessary information to organize this event.

5 steps to terminate a flatshare lease

 

Determine the notice period to be respected

 

Before leaving a flatshare, tenants should find out about the notice they must respect. The notice is the period to be respected between the notification of leave and the actual date of leaving the accommodation.

 

If the accommodation is empty, the period is 3 months, if it is furnished the period is 1 month.

Certain situations can also reduce the period to one month: in the case of job loss, a new job or a professional transfer. Also, and since the Macron law of 2015, accommodation located in a tense area is subject to notice periods of 1 month.

 

Did you know ? Tense areas are geographical areas where the gap between demand and real estate supply is very significant.

 

Do the accounts between roommates

 

In order to properly prepare for the end of the flatshare, and to ensure that you leave on good terms, it is imperative to make the accounts between roommates. All you have to do is calculate all the expenses related to the apartment, i.e. the rent, the charges and possibly the internet subscription. The roommates rebalance the expenses according to the responsibilities of each and can thus do the accounts before leaving their apartment.

 

Organize the exit inventory

 

The end of a joint tenancy must also be the subject of an inventory. This exit inventory is compared with the inventory that was made at the time of entering the accommodation. This allows you to know if the apartment has suffered damage or if certain elements need to be replaced or repaired.

 

This inventory must be organized with the owner or the real estate agency responsible for managing the accommodation. A date must be fixed between the lessor and the roommates in order to make the inventory of fixtures together and to ensure the good faith of the two parties to the contract. An intermediate inventory is also carried out in the event that only one roommate leaves the accommodation.

 

In the event that certain elements of the accommodation would present repair or replacement costs, the sum will be deducted from the security deposit advanced at the time of the signing of the lease.

 

Check what is required to pay at the end of the joint tenancy

 

Joint tenants must check what they are required to pay at the end of the joint tenancy.

 

If the joint tenants do not leave the accommodation at the same time, they may be required to pay their share of the rent for 6 months, unless the joint tenant is replaced before the end of this period.

 

Otherwise, the joint tenant stops paying on the day of their date of leaving the accommodation, i.e. at the end of the period of notice.

 

Collect security deposit

 

The security deposit is a sum advanced at the time of entry into the accommodation, often equivalent to one month's rent. This sum allows the lessor to insure against unpaid rent or damage to the accommodation.

 

When the rental agreement ends, the security deposit is returned to the tenants in full, or partially in the event that the landlord requires certain repair or replacement costs for the accommodation. The roommates can each recover their share or arrange between them if the owner decides to reimburse this sum by making a single payment to a single roommate.

 

How to withdraw from a lease signed together?

 

The same lease signed by two cannot be terminated in the same way as in a joint tenancy where there is one lease per tenant.

 

In case both tenants decide to leave the accommodation at the same time, then they must send their notice to vacate at the same time with the same letter signed by all tenants. This letter should be sent by registered mail with acknowledgment of receipt.

In the event that only one roommate leaves the accommodation, he must also notify his departure by signing the leave letter alone.

 

In both cases, tenants must respect the notice period imposed on the rental contract.

 

Who pays the rent if a roommate leaves?

 

When a roommate leaves the accommodation, the issue of rent payment varies depending on the nature and the time that the replacement of this roommate will take.

 

As part of a collective lease with a solidarity clause, the roommate who leaves the accommodation is required to continue to pay the rent until he is replaced by a new roommate. If his replacement is late, the joint tenant is liable for the rent and the charges for 6 months. If the contract was signed before the Macron law of March 17, 2014, the joint tenant is liable for these costs until the next expiry date of the lease.

 

If the collective lease does not have a solidarity clause, then the joint tenant is not liable for the rent or the charges from the date of his departure. This is also the case if the lease is individual.

 

Studapart has summarized all the scenarios in the table below to help you see more clearly!

 

 

 

 

Collective lease with solidarity clause

Collective lease without solidarity clause

Individual lease

 

Departure of a roommate

 

The joint tenant is required to pay the charges and his share of the rent until the end of the period of the clause (6 months) or until he is replaced by another joint tenant.

 

 

The joint tenant is required to pay the charges and his share of the rent until the date of his departure.

 

The joint tenant is required to pay the charges and his share of the rent until the date of his departure.

 

 

Departure of all roommates

 

The roommates are required to pay the charges and the rent until the date of their departure, respecting the notice period.

 

The roommates are required to pay the charges and the rent until the date of their departure, respecting the notice period.

 

 

The roommates are required to pay the charges and the rent until the date of their departure.


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