Does a roommate have to pay the debts after giving notice?

Verified 07 April 2025 - Directorate for Legal and Administrative Information (Prime Minister)

The situation is different depending on whether the departing roommate has signed a lease with all the other roommates and the landlord (or real estate agency), or whether he has signed a lease individually with the landlord (or real estate agency). We'll explain.

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Common lease

The situation is different depending on whether or not the lease contains a solidarity clause.

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Lease with a solidarity clause

Each roommate and his surety shall be liable for all sums due to the owner (or his representative).

This means that each roommate and his or her guarantor agree to pay the share of the rent and the charges owed by the other roommates, if the latter do not pay it.

For the departing roommate and his guarantor, this obligation remains:

  • Either during the 6 months that follow the end of the notice period.
  • Or, if a new roommate replaces the departing roommate during his notice, until the end of the notice.

Namely:

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him. For example, a rent or expense debt from March 2025 can be claimed until March 2028.

Lease without this clause

The departing roommate (and his surety) shall pay its share of rent and rental charges until the end of its notice period.

This period may be reduced if a new roommate signs up for the lease before the end of his notice.

Namely:

The owner (or real estate agency) can claim during 3 years any outstanding charges or rents due to him. For example, a rent or expense debt from March 2025 can be claimed until March 2028.

Please note

Where the colocation consists solely of a couple of cohabiting partners, specific rules apply in the event of violence.

Individual lease

The departing roommate (and his or her security deposit) must pay his or her share of the rent and charges, as specified in the lease, until the end of the notice period.

FYI  

Owner (or representative) has 3 years to claim from the roommate any unpaid rent or charges he owes him. For example, he can claim a rent (or expense) debt from March 2025, until March 2028 from the roommate.

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